A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From the end of May 2009 to the end of February 2018, the Defendant operated C Co., Ltd. in Gyeonggi-gu B.

On October 22, 2014, the Defendant entered into a loan agreement with the victim D, the borrower, and the victim, with respect to only one bus in E (F before the change) fishing operation. As such, the Defendant had a duty of care to faithfully manage the fluent vehicle as the operator of the fluent private corporation C and not to provide the fluent vehicle as security without obtaining the consent of the fluent borrower.

Nevertheless, on February 11, 2016, the Defendant created a mortgage on KRW 52,80,000,000 in the value of the credit on the air bus that the victim entered, after obtaining a loan from JB Capital in Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City Office.

Accordingly, the defendant acquired the financial benefits equivalent to KRW 52.8 million, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as registration certificate and details of application for loans;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the victim has agreed with and the defendant has no criminal record exceeding the same kind and fine);