A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 7, 2008, the Defendant was the representative director of D, a company located in Kunsan-si, and agreed to set up a collateral security right of the maximum debt amount of KRW 360,00,00 with regard to the provisions of subparagraphs 2, 3, and 4 of the factory building on one parcel outside the Seoul Special Metropolitan City, the Industrial Bank of Korea established the right to collateral security at the Industrial Bank of Korea as the victim of the right to collateral security, and at the same time, provide one type of automatic timber control equipment and one type of collective equipment, which are machinery and appliances within the factory, as a collateral for securing the security right of the Industrial Bank of Korea. In order to secure the security right of the Industrial Bank of Korea, the Defendant had a duty to keep the above machinery and appliances in accordance with the purpose of collateral security until the Industrial Bank of Korea fully pays 380,531,861 won, and to leave

Nevertheless, around June 7, 2012, the Defendant violated his duties and sold to F one decoration of automatic timber control equipment from among the above machinery and instruments provided as collateral in D Co., Ltd., in excess of KRW 50,000,000.

Accordingly, the Defendant acquired property benefits equivalent to KRW 50,000,000, and suffered property damages equivalent to the same amount at the Industrial Bank of Korea.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. The police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes to a statement on the basis of calculating the statement of claims, a document establishing a mortgage, a written appraisal, a customer's report on the current status of transactions of machinery;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) is that the defendant led to confession and reflects the instant crime, that the victim does not want the punishment by mutual consent with the victim, that there was no record of punishment for the same kind of crime in the past, and that there was other age, character, conduct, intelligence and environment of the defendant, and the motive and background of the instant crime.