except that 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 representative director of “Co. D” located in the Gu and a person who operates a manufacturing plant of synthetic resin recycling chips.

Around July 4, 2012, the Defendant entered into a mortgage agreement with the Daegu Bank Co., Ltd. on two parcels of land, buildings, three Dongs, and eight parts of machinery owned by D, which are KRW 1.08 billion with the maximum debt amount. Around July 4, 2016, the Defendant borrowed KRW 700 million with the maturity of July 4, 2016, at KRW 200 million with the maturity of July 4, 2017, and borrowed KRW 55 million with the machinery additionally provided 8 points as security on July 31, 2015, and thus, the Defendant had a duty to not transfer or set up a pledge on the land, building, or machinery, which is a collateral for the loan, until repayment of the loan is made.

Nevertheless, around February 2015, the Defendant sold and disposed of 3 points (13,185,00 won, the appraised value of the total 6 points of machines, 13,185,000 won) such as Hopper, Exer, and other ancillary facilities (in 2012, the base date of 2012, 13,185,000 won) at a company D, which was established as collateral at the time of loan in 2012, and sold and disposed of them as personal property to the de facto scrap metal business operator. On March 2016, 2016, the Defendant purchased 70,000 won in total at the market price of 20,000 won as collateral at the time of loan in 2015, including debrisers, secondary Extru, and other ancillary facilities, and caused damage to the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint, written agreement, list of appraisal and assessment of each machine and instrument, etc.;

1. Application of Acts and subordinate statutes to investigation reports (in addition statements by witnesses, who are employees in charge of loan service, telephone conversations by the G company H of the G company, specific relation to the amount of damage, specific amount of damaged machinery quantity, hearing statements by relevant witnesses, hearing of statements by relevant

1. Article 323 of the Criminal Act applicable to the facts constituting an offense;