A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is a person who operates “D”, a plastic manufacturing company, in Ansan-si, A, and E is a person who operates a mechanical manufacturing company with the trade name of “G” from “G” in the Si interest-si.

On February 2, 2008, the Defendant purchased a factory located in H in Seocho-si, Seocho-si, and transferred the said “D” to the said factory, and concluded a contract with E to purchase the attached list machinery, which is a water tank manufacturing machine.

When the purchase price of machinery to be paid to the above E is insufficient, on February 26, 2008, the Defendant entered into an agreement with the victim to receive KRW 170,000,000 as collateral of the attached list machinery and the building 503,000,000 from the J Office of the victim Co., Ltd. located in Nam-gu Incheon Metropolitan City, Incheon Metropolitan City as well as the defendant, and received 170,000,000 won from the victim to the J account on the same day.

Therefore, the defendant has a duty to manage the attached list machinery that has become the object of security for transfer to the defendant so that it does not violate the purpose of security.

Nevertheless, as the machinery cost to be paid to the above E still remains insufficient, the Defendant offered the attached table at the Industrial Bank of Korea's half-month branch in Ansan-si, Seoul Special Metropolitan City, Nowon-si, 73-9 around August 19, 2008 to the above Industrial Bank of Korea as collateral and concluded a factory mortgage contract, and received a loan of 300 million won from the Industrial Bank of Korea.

Accordingly, the defendant acquired financial benefits equivalent to 170 million won from the victim J, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of M and E;

1. Application of the statutes governing the list of petition for accusation, security for transfer, estimates, and security machinery of the Industrial Bank of Korea;

1. The relevant Article of the Criminal Act and Article 355(2) and (1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence [the scope of sentence recommended according to the sentencing guidelines] among the embezzlement embezzlement crime group, the basic area of Category 2 (not less than KRW 100, not more than KRW 500,000) is the same.