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

Punishment of the crime

The Defendant is a person engaged in the manufacturing industry with the trade name “C” in the eternic City B.

On May 31, 2017, the Defendant borrowed KRW 100 million from the victim as a financing loan for business facilities at the Dongjak-gu Seoul Metropolitan Government D and the victim E bank private loan branch, and entered into a lending contract and security transfer contract, which provides one of the 136,000,000, the market price owned by the Defendant as security, and kept the said machine in the possession of the said place of business.

According to the above agreement, the Defendant had a duty to keep the said machine learning center, which is the object of transfer for security, so that the victim can achieve the purpose of transfer for security.

Nevertheless, the Defendant violated his duty, and around March 2019, transferred the above machinery to the seller of used machines in name in the above place of business with the amount of KRW 65 million, and acquired the equivalent pecuniary profit of the same amount. The Defendant suffered property damage equivalent to the amount of the principal loan amount of KRW 95,00,000 and the amount of the loan amount of KRW 95,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A credit transaction agreement;

1. A contract for transfer security;

1. A photo of the machine learning center (MYX6500) ;

1. Application of Acts and subordinate statutes to a written confirmation of the fact of field investigation;

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Consideration of all the circumstances, including the fact that the amount of damage suffered by the victim who made the determination of a sentence exceeds KRW 95 million, the fact that the damage was not recovered, the fact that the defendant mistakenly recognized the defendant, and the criminal records;