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

The Defendant is a person engaged in the wholesale business of industrial machinery and equipment under the trade name of “C” in Si interesting City B.

On June 30, 2014, the Defendant was given a loan of KRW 220 million from the victim D bank as a machinery purchase fund, and the Defendant entered into a contract for transfer of security with two machine units, such as NM 650 (DNM 650) and NNM 50 (DNM 550) with the victim as a collateral limit of KRW 264 million. Thus, until the loan amount is repaid, the Defendant had a duty to keep and manage the object of transfer as a good manager for the victim.

Nevertheless, on November 2017, the defendant violated his duties, and sold at will the same time the two machinery in the above factory to the person who was not aware of his name at 35 million won.

In this respect, the defendant acquired property benefits equivalent to KRW 35 million and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a contract for transfer security, a security status table, and a survey of transfer security;

1. Article 355 (2) and (1) of the Criminal Act applicable to the crimes.

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous conviction, the amount of damage, and the fact that the damage has been recovered or not agreed with the victim);