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 becomes final and conclusive.

Punishment of the crime

The defendant was a person who was an actual operator of ‘B'.

On February 29, 2012, the Defendant, at the B office located in Kimpo C around February 29, 2012, agreed to pay rent of KRW 9,072,60,00 each month to the victim Samsung Card Co., Ltd. by March 1, 2015, concluded a lease contract for the “HITITACHI SES 5,000,000 won” (market price of KRW 350,000,00) and provided one “HOMMA 5,00,000,” owned by the Defendant, as a transfer security for the said lease obligation.

Therefore, the defendant had a duty to properly preserve and manage the above "HMMA 5 pages processing unit" until the purpose of transfer is realized, such as full payment of the above lease fee, etc.

Nevertheless, on August 6, 2013, the Defendant, in violation of the foregoing duties, sold in B office the above “HMMA 5,200,000 won of market value,” which is equivalent to KRW 120,000,000,000,000 to D, thereby acquiring property benefits equivalent to the above amount and causing property damage to the victim due to the loss of the security.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the E Statement);

1. Statement of the police statement concerning F;

1. Application of a notarial deed, summary of security for transfer, a sales contract for goods, account statement of termination claims, lease contract, sales contract, and a certificate of receipt of goods;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (General Considerations, such as the confession of and reflect on the crime in this case, the fact that there is no record of punishment exceeding the fine, and the fact that the victim cancels the complaint by mutual consent with the victim);

1. Social service order under Article 62-2 of the Criminal Act;