beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of Corporation D established for the purpose of main type and gold-type manufacturing business, etc. with the head office in Gwangju Mine-gu C.
around June 30, 201, the Defendant: (a) granted a loan of KRW 950 million from the said bank at the lower-west-ro branch of the said bank in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, Gwangju; (b) concluded a mortgage contract with KRW 140 million on the land of the said company as well as on the land of the said company; (c) two factories and machine mining centers on the ground thereof; and (d) one house straw, etc. as a security; and (e) concluded a mortgage contract with the maximum debt amount of KRW 1140 million on July 25, 2012, the Defendant provided a loan of KRW 3130 million from the said bank at the lower-side branch of the said Gwangju Bank at the Han-gu, Seo-gu, Gwangju; and (e) concluded a mortgage contract with the maximum debt amount of KRW 375,60 million on each of the said factories, the premises of the relevant factories, and machinery, equipment, etc. including the construction site thereof.
Accordingly, the defendant should not damage the public goods of the factory, such as the factory site and the machinery, apparatus, etc. installed in the building, such as the above machine learning center, nor arbitrarily dispose of it, and there was a duty to preserve and manage it for the victim.
Nevertheless, on August 13, 2013, the Defendant, without the consent of the victim, who is the right to collateral security, sold to E one machine learning center (PRO-3210) equivalent to KRW 3.3 billion at the market price of the subject-matter of the right to collateral security established at the above company’s factory, in the amount of KRW 210,000,000,000 to KRW 200,000,000,000 at the same place on September 3, 2013, and sold 183,000,000 won at the market price of KRW 257,00,000 at the same place.
As such, the Defendant acquired a total of KRW 740,300,000,000 through two times in breach of his/her duties, and the victim is the same.