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

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

Punishment of the crime

The defendant was registered as a intra-company director of a stock company C around June 23, 2011.

On August 18, 201, the Defendant obtained a loan of KRW 50 million in the name of C from the injured bank in the name of the injured bank at the location of the Daegu-gu Industrial Bank of Korea, Daegu-gu, the Defendant offered 9 machinery owned by C as a collateral for transfer (one, half-electric, one automatic set, one set, four set, four set, one set, and one set of several-way transaction). As such, the Defendant had a duty to keep the said machinery until August 16, 2016, which is the date of repayment of the said loan, and transfer it to the injured bank if it fails to repay the loan.

Nevertheless, on November 8, 2011, the Defendant transferred the said machinery to D in violation of its duties, thereby obtaining financial benefits equivalent to KRW 50 million from D, and suffered financial damages equivalent to the said amount from the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that no criminal record exists for the same offense, and the motive, circumstances, etc. of the offense);

1. The community service order under Article 62-2 of the Criminal Act;