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

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

Punishment of the crime

B entered into an entrustment management contract with the Hanjin Co., Ltd. and entered into an entrustment management contract, and registered it in the name of Hanjin Co., Ltd. and operated the above cargo vehicle.

On June 27, 2013, the Defendant borrowed KRW 80 million from the Victim Hyundai Social Co., Ltd. to purchase the said cargo as a vehicle purchase fund. On July 9, 2013, the Defendant registered the establishment of a collateral security (mortgage) with the mortgagee as a collateral for the said loan at the foregoing cargo vehicle as the collateral for the foregoing loan, and thus, until the repayment of the loan was made, the Defendant had the duty to keep the said cargo for the purpose of the collateral.

Nevertheless, in order to raise living expenses, etc. around November 2013, the Defendant violated the aforementioned duties and transferred the above cargo vehicles after receiving KRW 13 million from D or E, a middle-speed exporter, who is a middle-speed exporter of the Haak-gun, North Korea, in violation of the said duties, thereby acquiring property benefits equivalent to KRW 69,345,879, and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against F, D, or E;

1. Investigation report (attached a written indictment and a copy of a written decision not to prosecute a related case);

1. Details of loan repayment, application for loan, details of comprehensive vehicle taxes and application of Acts and subordinate statutes of a motor vehicle registration certificate;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The suspended sentence of Article 62(1) of the Criminal Act, which causes damage to another person by taking over a vehicle mortgaged on another person for the reason of sentencing, to the smuggling, shall not be shorter than that of the crime in light of the fact that there is no agreement with the victim;

However, it is impossible to recover the vehicle because the defendant did not gain any profit acquired by the above transfer, and the actual value of the vehicle is less than the amount of the secured debt of the mortgage.