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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of C corporation.

On December 2, 2011, the Defendant entered into a contract for tourist bus entry with the victim E and “F tourist bus owned by the victim” in the name of C, and the victim bears all expenses necessary for vehicle management, such as repair and insurance premium, and pays 50-7 million won to C, and C, a corporation, which assists the victim in entering into a transportation contract so that the victim can operate his/her business well.

Therefore, the defendant did not act to obstruct the operation of the victim by providing the above vehicle as a collateral or establishing a right to collateral security, and there was a duty to faithfully perform the terms of the above entry contract so that the victim can manage and operate the above vehicle.

Nevertheless, on July 4, 2014, the defendant violated the above occupational duties and paid 56,721,840 won of the existing loans set up on the above vehicle from Hyundai Fran Life Insurance Co., Ltd. without the consent of the victim, and at the same time receiving 87,50,000 won of loans, the defendant set up a right to collateral security in the name of Hyundai Llap Life Insurance Co., Ltd. in the above vehicle.

As a result, the Defendant acquired property benefits equivalent to KRW 30,778,160, and suffered damages equivalent to the same amount from the victim.

In addition, the Defendant acquired property benefits equivalent to the sum of KRW 123,919,775, as stated in the list of annexed crimes in the same manner as in the list of annexed crimes, and caused considerable damage to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. A protocol concerning the examination of the suspect in relation to the defendant and G;

1. Each police statement made against Defendant and E, H, I, J, K, and L;

1. Each complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;