A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative of Seo-gu Seoul located in Incheon.

On August 21, 2017, the Defendant: (a) prepared a notarial deed of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won, which was paid by the Defendant against the victim, as security for the said obligation; and (b) made it available as security for the said obligation.

According to an agreement on the transfer for security, the Defendant performed his duty to use, preserve, and manage the 14 machinery of the object of the transfer for security on behalf of the victim within the ordinary use or scope of business with due care as a good manager, and not to damage the value of the collateral by disposing of the said collateral.

Nevertheless, around October 1, 2018, the Defendant sold 3 presses machinery offered as security for transfer in total of KRW 9,950,000,000 from around that time to October 16 of the same year, and sold 12 out of the above machinery 14 units in total of KRW 9,950,000,000, in total, six times from that time to around October 16 of the same year, such as the list of crimes in the attached list.

As a result, the Defendant arbitrarily disposed of the machinery which is the object of security for transfer in violation of the above duty, thereby acquiring pecuniary benefits equivalent to KRW 9950,000,00 and causing considerable damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report of investigation (to be accompanied by preparation of a list of crimes);

1. Application of Acts and subordinate statutes on the list of authentic deeds and lists of facilities;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The suspended execution recognizes the crime of Article 62(1) of the Criminal Act and reflects it, 30 million won after disposing of the machinery, and 6.5 million won after the disposal of the machinery, and there is no previous conviction in excess of the previous and fine.