However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a person who has operated a gold-type manufacturing company under the trade name of militaryposi B through C.

On January 28, 2014, the Defendant borrowed KRW 100,000 from the victim SP Capital Co., Ltd. to pay KRW 3,335,410 each month to the damaged company for three years. As a security, the Defendant agreed to continuously occupy and use the instant machinery, as well as to transfer to the damaged company the machinery equivalent to KRW 176,00,000,00 (hereinafter “the instant machinery”).

Accordingly, even though the defendant faithfully managed the machinery of this case, which is the above collateral, so that the purpose of the above collateral can be achieved, and the duty to prevent the decline in the value of the collateral was generated, the defendant arbitrarily sold the machinery of this case at around 40 million won in the name-oriented trading, in violation of the above duty at the above C Office around October 2014.

As a result, the Defendant acquired property benefits equivalent to KRW 40 million of the transfer price of the instant machinery and sustained damages equivalent to the same amount to the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a facility lease agreement;

1. Article 355 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;