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

The Defendant is a person who operates gold-type and motor vehicle parts manufacturing business under the trade name of “C” in the Gu and America City B.

On April 17, 2012, the Defendant concluded a credit transaction agreement equivalent to KRW 1150,000,000 with D Co., Ltd., and concluded a mortgage contract with regard to total 13 machinery, etc., including Sype Press (Cype) in the said business establishment, with the maximum debt amount of KRW 495,00,00,000, and provided it as security for the said machinery, etc. As such, the Defendant had the duty to keep and manage the said machinery, which was the object of the right to collateral security in line with the purpose of collateral until he/she pays his/her debt in accordance with the terms of each of the above contracts.

Nevertheless, around December 26, 2014, the Defendant violated his duties, sold 13 machinery equivalent to KRW 7,584,000 in the market price at the above C’s workplace, and sold 7,584,000 to “E” located in Daegu Northern-gu. From around that time to June 9, 2018, the Defendant acquired a total of 12 times the market price of machinery equivalent to KRW 23,576,950 in total, as shown in the separate crime list, and acquired pecuniary benefits, and suffered damage to the victim’s company by arbitrarily selling 13 machinery equivalent to KRW 23,5769,950 in total, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each credit transaction agreement, each contract to establish a mortgage, the list of collateral security products, the statement of evaluation of machines and instruments, the contract to establish a collateral security, and the list of changes;

1. List of disposed machinery and apparatus (the same as the sequence of crime sight table), the application of statutes on tax invoices of disposed apparatus;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);