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

However, the execution of the above sentence 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 has operated the business of manufacturing motor vehicle parts with the trade name of Co., Ltd. in Daegu-gu C.

On September 27, 2012, the Defendant, on September 27, 2012, provided the Daegu Bank Co., Ltd. with machinery and apparatus equivalent to the market price of 397,400,000,000,000 won, such as six Turinger and one triwon measuring instrument owned by D Co., Ltd., as collateral, and received a facility financing loan with the maturity of payment on September 10, 2016.

Around August 6, 2014, when the Defendant was to obtain a substitute loan, the Defendant maintained seven of the above machinery and tools as collateral and received a loan of 134 million won or more as a general loan, while maintaining the seven of the said machinery and tools, which were transferred to the victim bank as collateral, and decided on August 6, 2017. On February 6, 2015, the Defendant again maintained seven of the machinery and tools, which were transferred to the victim bank as collateral, as collateral and received a general loan of 50 million won or more, and subsequently, the Defendant raised the change on February 10, 2017.

When the Defendant offered the above seven machinery and instruments to the victim bank as a collateral for the transfer of loans, the Defendant had a duty to faithfully keep the machinery and instruments, a collateral for transfer, until all of the loans are repaid according to the terms and conditions of the contract.

Nevertheless, on May 2016, the Defendant, in violation of the foregoing duty, provided 23,40,000,000 won of the market price of 23,400,000 won as collateral to the Bank of Savings, and received a loan of 95,00,000 won from the Savings Bank around June of the same year, and did not repay the loan. On January 3, 2017, the Defendant, upon exercising the security right to transfer from the Savings Bank, carried out 4 parts of the said machinery and instruments while exercising the security right.

As a result, the defendant violates his duty, thereby causing property damage due to the loss of transfer security equivalent to 23.4 million won at the market price to the Daegu Bank in violation of his duty, and pecuniary gain equivalent to 95 million won and repayment of the loan obligation.