A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person who operated the industry with the trade name of D in Kimhae-si, Kimhae-si.

On April 18, 2014, the Defendant entered into a loan contract with the Defendant’s National Bank of Korea (MYNX7500) on the security of one machine of KRW 190,500,000,000 from the point of 674 (YNX750) in the Mawon-si, Changwon-si’s 3/15th, Changwon-si.

On or before April 14, 2021, which is the maximum date of loans under the above agreement, the defendant had a duty to manage the security as a manager of the security and not dispose of it to others.

However, on June 2017, the Defendant violated the above duties, and sold at will one machine of the shot learning center at the above D shop on a non-commercial day to the non-personal representative.

As a result, the Defendant acquired the financial benefits equivalent to KRW 192,500,000 at the market price of the machine of the machine learning center, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on credit transaction agreements and transfer security contracts;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Where a significant damage has been restored to the mitigation area (six months to two years) (special mitigation person) of the mitigation area, the scope of the recommended punishment on the sentencing criteria of two types (one hundred million won to one hundred million won).

2. The crime of this case in violation of his duties is that the defendant disposed of machinery equivalent to KRW 190,250,000,000 in violation of his duties and the liability for the crime of this case is not less and less in light of its value, etc., and the defendant recognized the crime of this case and divided the defendant in depth; the Korea Technology Finance Corporation seems to have recovered substantial damage by subrogated repayment of the amount equivalent to the loan to the affected bank; and criminal punishment exceeding the fine.