A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who controls and operates the duties of internal directors of corporation D, which is located in Jung-gu, Incheon, and 715.

On May 9, 2014, the Defendant sold Fump truck to the victim E at the office of the foregoing D Co., Ltd., and received the payment. On the 25th of the same month, the Defendant entered into a dump truck lease agreement with the victim to use the said dump truck and to change the name of the dump truck to D for the purpose of using the dump truck, including the dump truck’s repair cost of KRW 4 million, and at the same time, he was requested to refund the above dump truck from the damaged party, but it cannot be refunded at once because there is no funds.

Accordingly, the Defendant has a duty to manage dump trucks with the care of a good manager, such as cooperating for the sale of dump trucks and maintaining the value of the dump trucks until the sale period of the said dump truck, and not to establish a mortgage that may hinder the sale of the dump truck without the victim’s consent.

Nevertheless, on July 15, 2014 without the consent of the victim who terminated the shortage of operating funds of D due to the above violation of the duty, the defendant transferred the name of the owner of the dump truck truck to G who is not D but for employees G on the same day, and borrowed KRW 42 million from non-SP Capital Co., Ltd. on the same day, and made a registration for the establishment of mortgage amounting to KRW 42 million on the above dump truck (re-registration of mortgage on March 6, 2015) and after February 24, 2015 (re-registration of mortgage) to be granted a loan of KRW 42 million from the non-SP Capital Co., Ltd. on February 24, 2015.