A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, while operating “CPC bank” on the first floor of Nowon-gu in Seoul Special Metropolitan City, was loaned KRW 85,00,000 from the Victim CF Capital Co., Ltd. on November 19, 2012, provided that KRW 4,202,592 per month shall be paid in 24 months each month, and the Defendant agreed to provide the victim with goods of KRW 39,840,00 in total at the market price of 74, monitor 74, book and chair, 40 square meters, 40,000 per month.

Since the Defendant borrowed KRW 85 million from the victim on the same day, there was a duty to possess and keep the mortgaged property so that the victim can achieve the purpose of the security in accordance with the agreement.

However, around April 2013, the Defendant, in violation of his duties, sold the transfer of security in excess of KRW 39,840,000 at the price of KRW 39,840,000 at CPC stores to approximately KRW 27,00,00 for used goods stores in PCs, thereby acquiring financial gains and causing a loss of KRW 39,840,00 for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application for loan of general installment financing/agreement, notarial deeds and written estimate of a loan for consumption of money transferred for security;

1. Application of Acts and subordinate statutes governing tallying photographs;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. As to the suspended sentence under Article 62 (1) of the Criminal Act;

1. The range of recommending punishment based on the sentencing guidelines: The scope of recommending punishment that no person shall be punished by embezzlement or breach of trust: Imprisonment with prison labor for a period of four months or more to one year and four months (basic areas): In cases of not embezzlement or breach of trust in the course of performing duties (where the person is not subject to mitigation), serious reflector, and whether there is no record of criminal punishment (requirements for mitigation): A comprehensive comparison and evaluation of the reasons for suspension of execution - Where the amount of substantial damage is considerably small: Unagreement - Where the amount of substantial damage is considerably small: The reasons for general pride - Where the amount of actual damage is obvious, serious reflect, or there is no criminal record of suspension of execution or more;

2. Additional considerations.