A defendant shall be punished by imprisonment for not more than ten months.

The defendant is written in the annexed list of crimes against the defendant.

가. 사실오인 및 법리오해의 점 별지 범죄일람표 기재 기계들 중 순번 2번 중 #0630 기계, 순번 5번, 7번 기계를 제외한 나머지 기계들(이하 ‘이 사건 기계들’이라 한다)은 피고인이 현대커머셜㈜(이하 ‘현대커머셜’이라 한다)에게 양도담보로 제공한 것인바, 이 사건 기계들의 소유권은 피해자에 대한 관계에서 양도담보권자인 현대커머셜에 있어 공장및광업재단저당법(이하 ‘공장저당법’이라 한다)에 의한 저당권의 효력이 미칠 수 없다.

Therefore, the Defendant arbitrarily disposed of the instant machinery.

Even in relation to victims, it does not constitute a violation of the Factory Mortgage Act or a violation of the exercise of rights under the Criminal Act.

B. The sentence of imprisonment (two years of imprisonment) imposed by the lower court is too unreasonable.

2. Determination

A. The summary of the facts charged as to the parts of the instant machinery (hereinafter “this part of the facts charged”) was that the Defendant engaged in the manufacturing business of automobile parts with the trade name “C” in the Kasung City.

The Defendant borrowed 4.1 billion won, including KRW 2.4 billion, around April 28, 2009, KRW 500 million, KRW 1.2 billion, around June 19, 2012, and KRW 1.2 billion, around July 31, 2012, from the Industrial Bank of Korea, as a loan for the above company’s facility funds. The Defendant created a mortgage on the instant machinery of KRW 529,808,000, market price as a security for the above loan obligations.

After that, the Defendant, from around 2009 to March 6, 2013, dismantled the instant machinery and transferred 14 machinery to a third party as indicated in the crime sight table.

In this way, the defendant transferred the movable property constituting a factory foundation, which is the object of each mortgage, and at the same time concealed the above machinery which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

B. The lower court’s judgment, based on the presented evidence, found the instant machinery as a whole.