A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operated “D” in the member B and C of Ansan-si from August 200 to January 2018.

Around February 13, 2008, the Defendant entered into a contract with the Industrial Bank of Korea (hereinafter “victim bank”) to obtain a loan of KRW 187,00,000 from the victim bank as a loan for small and medium enterprise funds at the end of half-month branch of the Industrial Bank of Korea located in Ansan-si (hereinafter “C”) around 57,00, and around that time, from September 22, 2014 to September 22, 2014, the Defendant borrowed a total of KRW 679,984,00 from the victim bank. Around September 22, 2014, the Defendant entered into a list of “Additional Factory Establishment Contracts under Article 6 of the Factory and Mining Foundation Mortgage Act” with the content of providing the victim bank with additional loans as collateral.

On the same day, pursuant to the above agreement, the Defendant completed the registration of adding the above machinery No. 238 of the list of factory mortgage rights set up by the Defendant with the victim bank as the mortgagee on the building belonging to the above "D" factory, and thus, the Defendant had a duty of care as a good manager so that the victim bank can achieve the purpose of the collateral until repayment of the above loan is completed, and the Defendant had a duty not to dispose of the aforementioned machinery without prior consent of the victim bank.

Nevertheless, in violation of the above duties, the Defendant arbitrarily disposed of the said machinery at the above "D" factory on the non-name-based basis of the date of February 2015 to the mechanical operator who was named in the above "D" factory in violation of the above duties, thereby obtaining property benefits equivalent to the above amount, and suffered property damage equivalent to the above amount from the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A complaint;