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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 28, 2016, the Defendant: (a) borrowed KRW 154,00,000 from the Victim C Co., Ltd. (hereinafter referred to as the “victim C”) at the Busan-gu Busan-dong Branch on a loan of KRW 154,00,00 from the victim C (hereinafter referred to as the “victim”); and (b) entered into a transfer security agreement with the damaged bank and two private type type type vehicles owned by the Defendant (PR-120H, PR-170HY). The Defendant provided two types of the said machinery to the damaged bank by means of occupancy revision, and has the duty to keep the said machinery for the damaged bank until the damage bank fully pays its loans.
Around December 22, 2017, the Defendant kept and used two above machinery in a factory E operated by the Defendant in Gangseo-gu Busan, and sold 39,600,000 won for G located in Daegu Northern-gu, Daegu-gu, and sold 3,000,000 won for 1,000 won for 49,50,000 won for 1,50,000 won for 1,50,000 won for 1,54,000 won for 20,000 won for 3,000 won for 3,00,000 won for 3,000 won for 3,00,000 won for 3,000 won for 3,00 won for 3,00 won for 3,00,000 won for 1,54,000 won for the 3,
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to J police officers;
1. A contract for transfer for security and a credit guarantee;
1. Determination as to the defendant and his defense counsel's assertion of each investigation report (the description of loan amount, the suspect's submission of materials, and the correction of mechanical proceeds)
1. Summary of the assertion
A. Since the Korea Technology Credit Guarantee Fund guarantees the Defendant’s obligation, it cannot be deemed that the damage was incurred even if the Defendant disposed of an object of transfer for security.
B. The Defendant was unaware of the establishment of a security by means of transfer in the two types of a security for transfer in a private period of time.
2. Determination
A. The crime of breach of trust is established by a person who administers another’s business to obtain pecuniary advantage or to let a third party obtain such profit by committing an act in violation of one’s duty and thereby causing loss to the principal.