Text
A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
To the extent that there is no concern about actual disadvantage to the defendant's exercise of the defendant's right of defense, the defendant is a person who operated D in Kimpo-si, Kimpo-si.
On March 15, 2010, the Defendant applied for a loan to the Small and Medium Business Corporation for support of business start-ups and borrowed KRW 200 million around June 15, 2010, and around June 14, 2010, the Defendant provided the victim as security and set the right to collateral security equivalent to KRW 240 million with the maximum debt amount as the creditor, and thus, the Defendant had the duty to keep the said machinery for the victim.
Nevertheless, on February 2012, the Defendant violated the above duties and sold the instant pressure withdrawal sets in cash at the market price of KRW 200,000,000,000, to the person in default of name in the above D.
As a result, the Defendant acquired pecuniary benefits equivalent to the above purchase price of the set set of pressure withdrawal machines of this case, and inflicted damage on the victim equivalent to the security value of the set of pressure withdrawal machines of this case.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. Documents to establish a mortgage;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 355(2) and (1) of the Criminal Act, Article 355(2) of the Criminal Act regarding criminal facts, Article 355(2) and Article 355(1) of the selection of sentence, the reason for sentencing of sentence of imprisonment with prison labor is not good after the crime is committed, and the circumstances (the factory is closed and the life for flight for a considerable period immediately after the sale of machinery on the intermittent value) are not good. The damage of this case was substantially transferred to the Korea Credit Guarantee Fund
However, in light of the fact that the crime is against the law, the motive, circumstances, and result of the crime committed, the fact that there is no record of the crime except once a fine is imposed, and other circumstances and conditions of sentencing as shown in the argument of this case, it is the same as the text of the order.