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 July 9, 2012, the Defendant purchased approximately KRW 70,000,00 for 72,900,000 for 30,000 for 30,000 for 30,000 for 72,90,000 for 48 months for 1,98,000 for 1,98,440 for 48 months for 30,00 for 30,000 for 30,000 for 30,000 for 30,000 for 30,000 for 20.

At this time, the defendant provided the above scoos to the victim as collateral and set up a mortgage, so if the defendant could not pay the agreed installment, there was a duty to keep the scoos so that the victim can collect the claim through the exercise of mortgage so that the value of the collateral may not be reduced.

Nevertheless, the Defendant in violation of his duties, as a construction site located in Gandong-gun, Gandong-gun around October 2014, transferred the above 40,000-50,000-50,000 won at the market price to “E”, and received approximately KRW 47,000-49,90,000 for stones construction materials that were not paid to the said “E”.

As a result, the Defendant acquired financial benefits equivalent to KRW 39,947,485, which is the secured debt amount of the mortgage, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Application of Acts and subordinate statutes to a petition for complaint, copy of a loan agreement, registration of construction machinery register, monetary statements, a statement of receipt of principal and interest of disposable discrimination, and a copy of a contract for establishment of a

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (4-100,000) basic area (4-1-1-4 months) [no person subject to special sentencing] [determination of sentence] / The following circumstances and the defendant’s age, sex, sex, family relationship, family environment, motive and means of crime, circumstances after crime, etc.