A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person who has operated a master-form and gold processing company in the name of “B” and “C”.

On October 14, 2014, the Defendant obtained a loan of KRW 995 million from the Victim E Bank for the purpose of industrial operation funds at the E Bank's office located in Gwangju Mine-gu, Gwangju, for the purpose of “loan for Industrial Operation Funds.” On October 15, 2014, the Defendant secured “CNC Plano Mtile (Moel; RB-3NSM; 3,00x1,750m, Concucer; 15-M)” machinery, which was located in the said factory, as collateral, was the object of collateral security. As such, the Defendant was obliged to keep the said machinery in line with the purpose of collateral security until the repayment of the loan.

On November 2014, the Defendant, in violation of the above duties, sold machinery at the above CNC Plano Poil (Model; RB-3NSM; 3,00x1,750m, Conviser; 15-M) to a person who was not in the name of the Defendant (Fanuucer’s machinery brokerage in Daegu hereinafter referred to as Daegu) at KRW 180,000,000, and then sold it to him around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 180 million and suffered damages equivalent to the security value of the machinery from the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The first police statement with respect to F;

1. Loan agreement, agreement on the establishment of a right to collateral security, and agreement on the modification of the right to collateral security;

1. A list under Article 6 of the Act on Mortgage on Factories and Mining Foundations; and

1. Application of statutes governing the field inspection table;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] The basic area (one to three years) of the type 2 (one hundred million won or more) [the person subject to special sentencing] [decision of sentence] 1 year (the background and content of the crime, the value of sold machinery, and the selling price can be used for factory operation, and the crime is deemed to be committed.