However, 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 person who operates a closed-type manufacturer of automobiles with the trade name “D” in the racing-si.

On July 20, 2012, the Defendant borrowed KRW 227 million from the victim at the Ulsan Industrial Bank of Korea located in Ulsan-gu, Ulsan-do, the Bank of Korea established a collateral security right under the Factory and Mining Foundation Mortgage Act with the maximum debt amount of KRW 270 million as the creditor as the creditor, and the maximum debt amount of KRW 270 million as the mortgage right under the Factory and Mining Foundation Mortgage Act with the amount of KRW 270,000,000,000 owned by the Defendant in the aforementioned D factory as a collateral.

As seen above, the Defendant had a duty to keep the said secured object in line with the secured purpose until the debt is repaid because the Defendant set up the right to collateral.

Nevertheless, on November 30, 2013, the Defendant violated his duties and failed to fully repay the debt amounting to KRW 227 million,00,000,000,000,000 to the victim, the Defendant, by allowing E, who is a used machine dealer, to sell the above cut machine to a person who is not aware of the name of the proprietor, obtained pecuniary benefits equivalent to KRW 227,000,000,000 in the market price of the above cut machine, and sustained damages equivalent to the same

Summary of Evidence

1. Defendant's legal statement;

1. Documents to establish a mortgage;

1. A credit transaction agreement;

1. Application of investigation report (verification of the establishment of the instant mechanical collateral security) statutes

1. Article 355(2) of the Criminal Act applicable to the crime and Article 355(2) of the Criminal Act - Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (1-3 years to more than KRW 100 million) (1-50 million) of the type 2 (10 million to less than KRW 500 million) (1-3 years) [decision of sentence] of the victim's damage is not recovered, so the defendant's liability for the crime is unrepared, and the defendant has no other penalty power in addition