A defendant shall be punished by imprisonment for not less than eight 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

On May 29, 2014, the Defendant received a loan of KRW 300 million from the injured company at the office of the injured company at the office of the Seoul Special Metropolitan City headquarters located in the third floor of the 362 Changwon-si, which was around 3.62 Changwon-si, and provided the injured company with two copies of 182 million won and 125 million won of the base learning center machinery owned by the Defendant as collateral. As such, the Defendant provided two parts of 1,82 million won of the base learning center machinery owned by the Defendant as collateral, the obligation to faithfully manage the said security so that the victimized company can achieve the purpose of the security.

Nevertheless, on July 15, 2016, the Defendant violated his/her duties and acquired property benefits equivalent to KRW 182 million in the amount of KRW 100 million in the amount of KRW 182 million in the said security from “D” operated by the Defendant in Sungsan-gu, Sungwon-si. In breach of his/her duties, the Defendant arbitrarily disposed of one of the said security to the intermediate purchaser, thereby incurring property damage equivalent to KRW 182 million in the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A loan agreement, a security agreement for transfer, a detailed statement of appraisal of mechanical devices, and a written request for payment of loans;

1. Application of the Acts and subordinate statutes of mechanical photography;

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. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows; various circumstances, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.; and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing guidelines (type 2 (type 100 million won or more, and less than 500 million won): June -2) of the suspended sentence, shall be set as the sentence as set forth in the order, in consideration of all the circumstances.

A favorable circumstances: The defendant did not have a same criminal record, made a confession, and repent of the error, and there are some circumstances to consider the circumstances leading to this case, and disposed of the above machines.