Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In early 2015, the Defendant entrusted E with the sale of G dump truck owned by the Defendant to the G dump truck, and E entered into a sales contract to sell the said dump truck to the victim J at the I office located in J in the Young-gu, Seoul Special Metropolitan City around October 10, 2015, and received 30 million won as down payment.

After that, on October 14, 2015, E received 10 million won as part payments from the injured party, and 45 million won as part payments around October 27, 2015. The Defendant also concluded a sales contract as above from E around June 2016, and received the purchase price, and thus, the Defendant had the duty to perform the registration procedure for transfer of ownership of the said dump truck.

Nevertheless, on August 18, 2016, the defendant violated the above duties and registered the creation of a mortgage, the value of which is KRW 80 million, with respect to the dump truck as a new mortgagee, and the amount of which is KRW 80 million.

Accordingly, the defendant acquired property benefits equivalent to KRW 80 million and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes of subparagraph (G) to a certificate of transfer of construction machinery, a copy of the details of passbook transactions, a certified copy of the corporate registry, and the register of construction machinery

1. Article 355(2) and Article 355(1) of the Criminal Act applicable to the crime and Article 355(2) of the Act on the Selection of Punishment for the Crime (Selection of a fine in consideration of the fact that there are extenuating circumstances in which the victim’s damage was fully recovered and the victim’s damage was shot the Defendant’s wife);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the victim suffers a lot of damage due to the instant crime.

However, the fact that the defendant repents and reflects the wrong, and the damage of the victim was fully recovered.