On January 26, 2010, when the Defendant obtained a loan of 500 million won from the Industrial Bank of Yongsan-gu, the Industrial Bank of Yong-si, the Defendant entered into a mortgage contract with the maximum debt amount of 600 million won against the Defendant as the Defendant on the land for factories (area 610.24m2m2), factory buildings (area 610m24m24m2), factory machinery (area 45.76m2), Autdoer Piberer Pot Pot Pots, Lumber 1 unit, Cutber Rot Pot Pots, and one unit of pollution prevention facilities, and completed a mortgage contract with the same content as above on the same day.

Therefore, even though the duty of the defendant to keep the above collateral for the victim until his/her debt is repaid, the defendant violated his/her duty, and the defendant arbitrarily sold the four above factory machinery of an amount equivalent to 266 million won at the market price of the above factory at the above factory around November 201 and acquired property benefits equivalent to 40 million won and sustained damages equivalent to the market price of the above four machinery to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation D;

1. Application of Acts and subordinate statutes of a mortgage contract, a certified copy of the register, and a written appraisal;

1. Article 255(2) and (1) of the relevant Act on criminal facts and Article 255(2) of the Criminal Act of the choice of punishment, sentencing guidelines for sentencing for sentencing of imprisonment: Embezzlement Misappropriation , type 2 (at least 100 million won, less than 500 million won) , basic area, imprisonment with prison labor for one year to 3 years, and factory site and factory building in this case were sold at 470 million won in the auction procedure. The amount of the victim’s claim exceeds 540 million won, and eventually, the Defendant arbitrarily sold the factory machinery in this case, thereby causing damage that the victim could not recover his claim exceeding 70 million won, and the Defendant did not recover such damage.