A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who operates a manufacturer of external appearance and parts, such as LED, with the trade name of “B.”

From March 27, 2003 to April 2, 2015, the Defendant obtained a loan of 1,380,200,000 won in total from the Industrial Bank of Korea located in Pyeongtaek-si 41 Industrial Bank of Korea located in Pyeongtaek-si, and filed a mortgage contract and filed a registration of the machinery and tools installed in the above factory under the Factory and Mining Foundation Mortgage Act with respect to factory machinery, such as 1/2 shares among roads C, D factory site, 3,038 square meters, and electric shock processing equipment installed in a factory building and factory on the ground of the above loan as security for the above loan, and the Defendant had the duty to keep the machinery and tools, which were the object of factory mortgage, in conformity with the purpose of security until debt is repaid.

Nevertheless, the Defendant violated his duty and arbitrarily disposed of 61,698,000 won at the above factory, which was the object of factory mortgage at around 2012, and thereby acquired the amount of pecuniary benefits in excess of 61,698,000 won, and caused damage to the victim’s property equivalent to 61,698,000 won. On July 2015, the Defendant arbitrarily disposed of 79,110,000 won at the market price, and then acquired the same amount of pecuniary benefits in excess of 79,110,000 won at the price. The Defendant acquired the same amount of pecuniary benefits in excess of 79,000 won at the price.

The victim acquired 79,110,000 won and sustained 79,110,000 won property damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and (1) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.