A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around September 12, 2012, the Defendant entered into a contract for the transfer of movable property of KRW 9,60,000,000 with a third party, which is a gold-processing machine owned by the Defendant, at the place of business of the “C company” located in Orcheon-gu, Orcheon-gu, Busan, with the amount of credit KRW 83,00,000,000,000,000,000,000 from September 12, 2016, and thus, the Defendant would not dispose of the said machine to a third party prior to the expiration of the credit, despite the duty to not dispose of the said machinery, around July 19, 2013, the Defendant sold the said four machinery to Penek in violation of the said duty to KRW 13,300,000,000,000 for the victim, thereby incurring property damage equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of a credit transaction agreement, a contract to establish a collateral security right, and the details of passbook transactions Acts and subordinate statutes;

1. In light of the pertinent legal provisions on criminal facts, Article 355(2) and (1) of the Criminal Act regarding the selection of a sentence, and the reason for sentencing imprisonment with prison labor, and the fact that the actual amount of damage suffered by the victim due to the breach of trust of this case does not fully recover from the name of approximately KRW 67 million, it is inevitable to sentence the Defendant to a sentence.

However, the sentencing factors indicated in the trial process of this case, such as the Defendant’s age, character and behavior, environment, criminal record, etc., including the fact that the Defendant confessions and reflects the crime of this case, the fact that there is no other penalty history than once a fine, the sales proceeds of machinery cannot be viewed as personal attachment, and the fact that there are many families to support the Defendant.