A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who has operated metal processing companies with the trade name “C” in Changwon-si, Muwon-si B.

On March 17, 2011, the Defendant: (a) entered into a security agreement on the transfer of the instant machinery, which is a public machine purchased by the Defendant, with a loan of KRW 100 million for a short-term general loan for business facilities, at the point of Masan-si, Changwon-si; and (b) entered into an agreement on the transfer of the instant machinery, which is a public machine purchased by the Defendant, to provide the Defendant as security for transfer; (c) the Defendant occupied and used the instant machinery by the method of possession and alteration.

Therefore, the defendant had a duty to keep and manage the above machinery as a good manager's duty of care so that the damaged person can achieve the purpose of the above transfer security.

Nevertheless, around September 2014, the Defendant violated his duty under the pretext of raising insufficient expenses in the situation where management has deteriorated due to the lack of particular sales from around September 2014, and sold the instant machinery at the Defendant’s office of business entity, around April 2015, at the Defendant’s office of business entity, with the price of KRW 70,000,000, and disposed of it at will.

Accordingly, the defendant acquired property benefits equivalent to the above disposal price, and suffered property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on credit transaction agreements and transfer security contracts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Criminal Act (see, e.g., that