A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant operated the manufacturer of the machinery parts of B, “2019 Highest 2659,” and on August 22, 2017, agreed to select whether to acquire or transfer ownership at the time of full payment of lease fees, two of the victim CNC automatic cable teams equivalent to KRW 60 million at the market price from the victim C Co., Ltd., with two of the damage period of 36 months, monthly lease fees of KRW 1,542,525, and the lease fees of KRW 1,525, and used the above line after leasing from the victim.

As above, while the Defendant entered into a contract for facility leasing with the CNC automatic line, and kept CNC automatic line teams for the victimized company, the Defendant sold the CNC automatic line arbitrarily to a person whose name is unknown on July 20, 2018 and embezzled it.

around October 4, 2018, the Defendant entered into a loan agreement with the Bank of Korea at the Industrial Bank of Korea (KT-200, 104,500,000 won in total) of the CNC Line Co., Ltd. (hereinafter “CNC Line”) owned by the Defendant to secure the above loan on the same day from October 4, 2018 to October 1, 2019, and the Defendant continued to keep the collateral agreement with 125,40,000 won in possession of the CNC Line (the model name SK-200, the market price of 104,50,000 won in total).

The Defendant fulfilled his duty of care as a good manager in accordance with the above agreement, thereby having a duty to keep and manage the object of transfer security.

Nevertheless, on January 2019, the Defendant violated the above duties and caused creditors, who are unable to know the name of the Defendant’s factory located in Sinsi-si, Sin Sinsi-si, to bring the subject matter of transfer security under the pretext of debt repayment.

Accordingly, the Defendant violated his duty as a person who has established the security for transfer, thereby acquiring property benefits equivalent to KRW 46,400,000 by arbitrarily disposing of the property transferred for transfer, and at the same time causing property damage equivalent to the same amount to the victim.