Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

The Defendant, from around 2010 to April 2016, operated C, a manufacturer and installer of steel products, from around 2010 to around 2016, operated C, and received steel products from the victim D’s management E from around May 2013 to October 2014, but did not pay the victim KRW 236,498,476, which is a part of the price of the said steel products.

On March 11, 2015, the Defendant entered into a security transfer agreement for one saw, a saw machinery processing plant owned by the Defendant Co., Ltd. (a total of KRW 110 million) owned by the Defendant Co., Ltd. (a total of KRW 110 million) in order to repay the unpaid steel price to the victim at the above E Office F in Sungsung-si around 2015.

Therefore, the Defendant had a duty to use, preserve and manage the subject matter within the ordinary use or scope of business with the care of a good manager so that the victim, who is the obligee, can achieve the purpose of security according to the security transfer contract.

Nevertheless, around November 28, 2016, the Defendant arbitrarily sold to G operator at the office of the said Co., Ltd. office a saw machine processing machine, which is part of 1 saw machinery processing unit, the object of the said transfer security, and sold at will KRW 9,4710,00 in total, such as arbitrarily selling cut, improved, or work 1 straw, the remainder of the saw machinery processing unit, the object of the said transfer security, around June 2017.

As a result, the Defendant acquired property benefits equivalent to KRW 110 million in the market price of the above collateral security property, and suffered property damages equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a sales contract for goods ( March 11, 2015);

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. The defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, has taken in good faith to pay the price of goods.