A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 29, 2014, the Defendant, who operated D Co., Ltd. of parts, such as semiconductors, located in Nam-gu Incheon Metropolitan City, was granted a loan of KRW 200 million to the injured Nonghyup Bank Co., Ltd., and entered into a security contract for the transfer of 200 million of the market price owned by the said company to 200 million.

Although the Defendant had a duty to keep and manage the said machinery that was created by the time of repayment of the loan in accordance with the above transfer collateral contract, the Defendant continued to keep and manage the said machinery as a good manager’s duty of care, on April 2016, the Defendant acquired financial gains equivalent to KRW 200 million from the loan by selling the said machinery as a security by the transfer to a person with no name, and caused 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 provisions of Acts and subordinate statutes governing guarantee agreements and transfer security contracts;

1. Relevant Article 355 of the Criminal Act, Article 355 (2) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 2 (not less than 100 million won but less than 500 million won) basic area (not less than one year to 3 years) (no special sentencing person);

2. Determination of sentence: (a) comprehensively taking account of the following circumstances, the Defendant’s age, sex, career, home environment, motive and means of committing the instant crime, and the circumstances constituting the sentencing conditions specified in the pleadings after committing the crime, as set forth in the text.

[Unfavorable circumstances] The fact that the value of the machinery that the defendant disposed of in violation of his duty reaches KRW 200 million, the defendant did not recover from the damage to the victim [a favorable circumstances] that the defendant led to confession and reflects the crime of this case, and that there is no evidence that the defendant was punished in excess of the fine.