A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is the representative director of D Co., Ltd., a company manufacturing automobile parts in Jeonbuk-gun C.

1. Around August 25, 2014, the Defendant entered into a contract to lease the said machinery as condition of KRW 321,000,000,000,000, total market value of which is KRW 321,000,000,000,000 from the Kitrens Co., Ltd. (hereinafter referred to as “Slrens Co., Ltd.”), and kept the said machinery for the victim company at the factory of D Co., Ltd., for the lease term of KRW 21,00,000,000,000,000,000,000.

On March 11, 2014 and April 30, 2014, the Defendant agreed to set up a factory mortgage after the completion of factory relocation by receiving a total of KRW 3,36,000,000 from the former bank on two occasions. On November 201, 2014, upon the completion of a new factory, the Defendant used some of the above machinery leased from the victim company to provide it as security to the former bank by including them in factory mortgage.

On November 25, 2014, the Defendant embezzled six of the above machinery by arbitrarily offering it as factory mortgage to the Jeonbuk Bank, on the ground that there is a difference between five presses equivalent to the total market value of 289 million won and one cut machine, which was leased and kept by the victim company at the factory D Co., Ltd., Ltd., and one cut machine, the ownership reservation mark of the victim company was owned by the victim company.

2. On June 2015, the Defendant demanded the victim F, who operates a limited company E, to make a contract for the extension of the D factory building at the D office, a limited company E, to make an estimate, and the victim submitted a estimate of KRW 677,2710,000 of the construction amount, demanding the conclusion of the construction contract at an amount less than the actual construction amount.

The defendant, around July 2015, submitted a written estimate of KRW 73,374,00,000 of the construction amount at D office, and the victim F submitted a written estimate of KRW 67,271,00,000,000, which is the actual construction amount, again, the defendant is more than 200,000 won.