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

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

Criminal facts

The Defendant is a person who has operated the “D”, which is a manufacturer of Nowon-gu, Gyeyang-gu.

On February 13, 2009, the Defendant borrowed 86.7 million won from the victim E with the money to purchase machinery (on October 31, 2009), provided 25 factory machinery units, including 1 unit of F production foundation 2 (DY1320N476), as security, to the victim as security. On September 30, 2010, the Defendant borrowed 73,769,000 won for the purpose of purchasing machinery from the victim (final due date: December 16, 2010), and provided 12 units of factory machinery units, such as MR50N5207, as security, to the victim.

After that, the Defendant failed to pay the above borrowed money by the due date, and accordingly, the Defendant had a duty to keep the factory machinery provided by means of security with the due care of a good manager for the victim.

Nevertheless, on June 10, 2012, the Defendant violated his duties, transferred 21 factory machinery units in the attached Form 35 units of the factory machinery offered as security by means of transfer to J, under the pretext of payment of wages and retirement allowances, from among the 35 units of the factory machinery offered as security by means of transfer, and acquired property gains equivalent to 160,469,000 won of the secured debt secured by the security interest, and suffered property damage equivalent to the same amount for the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes of each notarial deed (No. 2 and 3).

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

2. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage suffered by the victim due to the instant crime is a factor unfavorable to the Defendant.

On the other hand, the defendant recognized the facts charged of this case and opposed to it, and there are parts to be considered in the motive and background of the crime of this case, and the victim want to be punished against the defendant by mutual consent with the victim recently.