A defendant shall be punished by imprisonment for six 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

[Criminal Power] On December 11, 2014, the Defendant was sentenced to two years of suspension of execution on October due to criminal fraud, etc., and the judgment became final and conclusive on May 23, 2015.

【Criminal Facts】

1. On March 22, 2011, the Defendant in breach of trust borrowed KRW 40 million from the victim D’s office in the “C” office operated by the Defendant at Kimhae-si, Kim Jong-si, in order to secure the obligation of KRW 10 million out of the above borrowed money, the Defendant, who was the Defendant’s possession of the above factory, provided one of the friendly 200 tons of the withdrawn machine, and one of the withdrawn machine with KRW 250 of 250,000,000 as a security for transfer, and thus, the Defendant had the duty to keep it in custody so that the victim may achieve the purpose of the security.

Nevertheless, around June 201, the Defendant violated his duties, and around June 201, disposed of two of the above private out-of-sale machines offered to the victim as security by means of transfer to E and moved the said machines to the fluences.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million and suffered damages equivalent to the same amount as the victim.

2. Around August 19, 2014, the defrauded concluded that “G” located in Kimhae-si, Kim Jong-si, would lend KRW 30 million to the victim H, with interest of KRW 25% per annum, and repay until February 10, 2015. In order to secure the above borrowed money, the Defendant provided four units of the withdrawn machine (650 tons per annum, 450 tons of Hyundai Jong-si, 350 tons of East-si, 300 tons of East-si, 300 tons of East-si, 300 tons of East-si), and KRW 20 million of factory deposit as security for transfer.”

However, in fact, among the withdrawn machines that the Defendant offered as security, the Jinn 650 tons had already been offered as security for transfer to D, so the victim could not acquire the security right for the said machines. The machinery that was offered as security for the loan when concluding a lease contract with the three Dor of the remaining withdrawn machines, and the deposit for the lease deposit provided as security was set off against the monthly rent of KRW 10 million.