A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2015 Highest 3423] The defendant is a person who has operated C in the counter B of Changwon-si.

On July 5, 2013, the Defendant borrowed KRW 62,00,000 from the 362 Seoul Special Metropolitan City headquarters located in Gyeongnam Special Metropolitan City, as the facility fund, and purchased the 62,00,000,000 from the 362 Special Metropolitan City headquarters, and provided the said machinery as security for the victims to the Small and Medium Business Corporation.

Pursuant to the transfer collateral agreement, the Defendant fulfilled the duty of due care of a good manager to use, preserve, and manage the subject matter of the transfer collateral within the ordinary use or business scope, and when he/she intends to change the place, facilities, and other management methods of the subject matter of the transfer collateral, he/she has a duty to obtain prior consent from the creditor.

Nevertheless, on March 2015, the Defendant violated the above duties and transferred at the office of the above C Co., Ltd. one of the above mining center arbitrarily to D.

As a result, the Defendant acquired the financial benefits equivalent to KRW 62 million, which is the secured debt amount of the above transfer collateral, and caused the victims to suffer the financial losses equivalent to the same amount.

[2016 Highest 894] On September 11, 2013, the Defendant extended a loan of KRW 200 million from the victim G Co., Ltd. in F in the first floor of the building Kimhae-si, Kimhae-si, the Defendant’s wife, to the victim G Co., Ltd. about the Defendant’s 204 Dong 505, Changwon-si, Changwon-si, the Defendant’s wife, to C, and the maximum amount of the claim is KRW 240,000,000,000, and was loaned from the victim.

On March 2015, 2015, the Defendant entered into a contract with the head of the branch office I to sell the above apartment.

The sale of this is to pay 400 million won in the future.

If so, as the interest burden can be reduced, so that it can be repaid according to the terms of the loan principle of this case, the right to collateral security is cancelled so that apartment can be sold."

However, it is true about the above apartment.