A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 21, 2013, the Defendant entered into a contract to recover scrap metal arising from C office, which is a part manufacturer of automobile parts operated by the Defendant in Daegu-gun District, and entered into a contract to obtain KRW 40 million from the victim as a security deposit, and the Defendant’s four types of machinery owned by the Defendant (KIT 301070, KIT 301470, KIT 301513, YCO-2N), as security for the Defendant’s obligation to return deposit to the victim, as security for the Defendant’s obligation to return deposit.

1. As seen above, the Defendant, in breach of trust, provided the machinery owned by the Defendant as collateral to the victim, was obligated to keep the machinery, which is the object of transfer-backed security, with the duty of due care as a good manager, until he/she

However, on October 2013, the Defendant, at the above C office, failed to pay personnel expenses, company electricity taxes, etc., and failed to pay living expenses due to the failure of business operation at the above C office, was in mind to dispose of part of the said machinery and to cover them with personnel expenses, living expenses, etc., and transferred three out of the four parts of the said machinery (KIT 301070, KIT 301470, KIT 301513) to E in KRW 20 million.

The Defendant, in violation of his duty as a person who has set up a transfer security, acquired pecuniary benefits equivalent to KRW 20 million by disposing of three of the machinery subject to transfer security, and caused financial damage equivalent to KRW 40 million to the victim.

2. The Defendant interfered with the exercise of rights, at the same time and place as referred to in the preceding paragraph, moved one of the machinery equivalent to KRW 7 million among the four above machinery, which is the object of transfer-backed security against the victim, to “G” factories located in the Seodaemun-gu, Daegu-gu, and concealed it therein.

Accordingly, the defendant concealed his own property which was the object of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to D.