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

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

Punishment of the crime

On June 13, 2014, the Defendant entered into a contract with the Small and Medium Business Corporation “C” operated by the Defendant at the window B of Changwon-si to obtain a loan of KRW 89 million from the victim as a specialized fund for approval of the lawsuit. The Defendant, who is the Defendant holding the amount equivalent to the said amount, provided the Plaintiff as a collateral for transfer of 200C (D and E) to the victim, and agreed that the Defendant will continue to use the amount by way of possession revision.

In accordance with the above agreement on the same day, the Defendant received 89 million won from the injured party to the account designated by the Defendant. As such, the Defendant had a duty to preserve the two above machinery as a good manager so that the injured party can achieve the purpose of security until repayment of the above loan is completed, and to not dispose of it without prior consent of the injured party.

However, on August 2014, the Defendant, in violation of the above duties, arbitrarily disposed of the said two machinery to the person with no name, thereby obtaining pecuniary benefits equivalent to KRW 89 million from the victim, and suffered pecuniary losses equivalent to the same amount.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The written statement of the defendant;

1. Complaint;

1. The application of a copy of a loan agreement and a copy of the transfer security agreement;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., various circumstances, including the following circumstances and the defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee [the basic area of punishment for embezzlement and breach of trust type 1 (less than KRW 100 million)].