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

[2016 Highest 810] The defendant is a person who operated D, a processing company, in Kimhae-si C, a steel plate cutting and processing company.

1. On April 7, 201, the Defendant: (a) obtained a loan of approximately KRW 4.2 billion from Hamnam Co., Ltd., Ltd., the Defendant: (b) established a mortgage on the above factory’s land and buildings; and (c) machinery and equipment in the factory including No. 1 through No. 3 of the annexed crime list; (d) obtained an additional loan of KRW 1 billion from the damaged company around February 6, 2012; and (e) established a mortgage on the attached crime No. 4 machinery and equipment; and (e) around September 20, 2012, the Defendant created a mortgage under the same Act on the damaged company’s attached crime No. 5 through No. 6 machinery and equipment under the same Act.

Since around January 2013, when the management of the company has deteriorated, the Defendant: (a) concealed only one of the CNC Plassciscing M/C (crime No. 1, No. 243,450,000 won per annum; (b) obtained KRW 100,000 from the E company located in Kim Sea to the extent of selling and delivering them; and (c) concealed each of the machinery and facilities owned by the Defendant, which were the object of the rights of the damaged company, from January 2013 to June 2014, as indicated in the list of crimes, by selling and delivering them to others.

2. On April 22, 2013, at the office D Co., Ltd., the Defendant entered into a contract for facility leasing (lease) with the victim capital company and the victim company (MITSUBHI, MVR35-6m, S/N 4DA39m, market price of KRW 700 million). The content is that the Defendant paid KRW 20,070,000 each month from April 2013 to 36 months, while keeping and managing the said machinery, and the lease fee is fully paid.