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

As the representative director of B (hereinafter referred to as “B”) of the Defendant, the Defendant, as the victim C, created and preserved the right to collateral security with the maximum debt amount of KRW 3,576,00,000, and the right to collateral security with the maximum debt amount of KRW 540,000,000, around October 31, 2012, with respect to the land and above-ground buildings in Changwon-si, Changwon-si, Changwon-si, a factory owned by the said B, and the right to collateral security with the maximum debt amount of KRW 3,576,00,00,000, around December 24, 2015, as well as the right to collateral security with the effect of each of the above rights to collateral security under Articles 3 through 6 of the Factory and Mining Foundation Mortgage Act, the effect of each of the above rights to collateral security was excessive to CNASMA CUT M/C (a model name VGH-600,00DI).

Nevertheless, on July 24, 2018, the Defendant violated his duty and sold the above CNC PLAS CMA CUTING M/C to E Co., Ltd. for KRW 27,500,000,000, thereby obtaining pecuniary benefits equivalent to the above amount. The Defendant inflicted pecuniary damage on the victim C Co., Ltd. (the appraisal of October 24, 2018) equivalent to KRW 43,950,000 (the appraisal of October 24, 2018).

Summary of Evidence

1. Defendant's legal statement;

1. Complaint, statement of the police with respect to F;

1. Each written agreement, contract and attached documents, each statement of evaluation, a certified copy of the register, and a revaluated statement of appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Scope of the applicable sentences under the Act on the Suspension of Execution: The scope of the recommended sentences according to the sentencing guidelines for one to five years [the type 1] of embezzlement and Misappropriation; [the scope of the recommended sphere and the recommended punishment] of less than KRW 100 million [the person specially punished] [the scope of the recommended sphere and recommended punishment] basic area; the machinery was disposed of in order to prevent the bankruptcy of the company under Article 62(1) of the Criminal Act of April through April 1; the Defendant operated the company; the Defendant was insolvent due to the business deterioration around 2019 among the Dos in which the victim bank and the 10-year amount of loan transactions were normally conducted with the victim bank.