A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a director of a stock company C (hereinafter referred to as “C”) who actually operated the said company as a de facto director.

C obtained a loan equivalent to KRW 1.5 billion from the Bank of Korea on October 26, 2011, and set up a collateral security right of KRW 1.692 billion on the land of the Seo-gu Incheon Special Metropolitan City D Factory site owned by the said Company and the land 2-story factory and office building.

In addition, the type 15 type of machinery listed in the list of annexed crimes in one land and building was provided as joint security with land, etc. according to the Factory and Mining Foundation Mortgage Act (hereinafter referred to as the "factory Mortgage Act").

On the other hand, on September 24, 2015, our bank transferred its claim against the above company to the victim OSB Savings Bank, and the right to collateral security was also transferred to the victim.

In such a case, the Defendant had a duty to keep the machinery of 1, 10, 13, 14, and 15 on behalf of the obligee, as stated in the List of Offenses, among the machinery offered as security until the change of the above loan was made.

Nevertheless, on November 19, 2014, the Defendant borrowed money from the Twit Industries Co., Ltd. (hereinafter “Twit Industries”), provided as collateral for transfer of factory facilities, including Nos. 1, 10, 13, 14, and 15, among the 15 type of machinery, which was offered as collateral, and issued the key of the above factory to the employees of the Twit Industries Co., Ltd., in lieu of performing obligations around April 8, 2015, and ordered the Twit Industries to dispose of the said machinery, etc. in the aggregate of KRW 48,00,000.

Accordingly, the defendant acquired property benefits and caused property damage to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Whole Certificate of registered matters (Evidence Nos. 18 to 23), Factory and Mining Foundation Mortgage Act.