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

except that 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

1. On March 2, 2012, the defrauded: (a) the facts in the case of E operated by the victim D in Daegu-gu, Seo-gu, on March 2, 2012, the Defendant: (b) transferred 1.6 million won advance payment to the victim even if the Defendant’s F’s business operation was poor and the Defendant was supplied with the original credit from the victim; (c) the Defendant received the victim a false statement that “the Defendant would pay the original unit payment by April 16, 2012, by the time of delivery of the original unit; and (d) obtained the victim’s payment of KRW 1,600,000 from the victim on March 9, 2012; and (e) obtained the victim’s deceptive phone 2,013 advance payment by the victim on December 12, 2012, the amount of KRW 1,8230,000 won in total.

2. On April 17, 2012, the Defendant in breach of trust concluded a transfer of security agreement with the content that “if the amount of the disposal price falls short of the amount of the disposal price, the Defendant would not pay 16 million won of the outstanding amount out of the original amount set forth in paragraph (1) until the 20th day of the same month, the Defendant would be able to arbitrarily dispose of the entire market price of the equipment, such as the original group, computer, book, etc. owned by the Defendant in the Seoul Jongno-gu warehouse, and if the amount of the disposal price falls short of the amount of the obligation, the Defendant would be able to additionally pay the remainder of the obligation.”

Thus, the Defendant, who provided as security until the victim’s debt is repaid, should not perform an act of reducing the value of security by properly keeping the originals, etc. in the above warehouse and disposing of it to others. However, in violation of this, the Defendant transferred the originals, etc. to H, who is another creditor, from the date of the end of April 2012, to another creditor as the name of repayment of other obligations.

As a result, the defendant acquired property benefits equivalent to the amount of the above original disposition, which is the amount of the original disposition, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The defendant;