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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant of "2014 Highest 1744" is the representative director of E, a Co., Ltd., a vinyl factoring manufacturing company.
Around January 3, 2011, the Defendant: (a) obtained a loan of facility funds in the name of the Bank of Korea (hereinafter “FFFFFFFFFFFFFFG branch in Gwangju Mine-gu; and (b) concluded a mortgage contract with the maximum debt amount of KRW 1,320,000,000 with respect to the land, building, and machinery, etc. installed in a factory building and factory on the same day; (c) on the same day, the Defendant had the duty to keep the machinery, apparatus, etc., the object of the factory mortgage in accordance with the purpose of the security until the debt is repaid.
Nevertheless, the Defendant violated his duties and sold at will 9 points such as estest film manufacturing equipment, etc. which is the object of factory mortgage, from November 27, 2012 to April 17, 2013, to 430,000 won, and acquired financial benefits equivalent to the same amount and sustained damages equivalent to the same amount by the victim.
G from February 1, 2012 to February 1, 2012, “2014 Highest 3406” is a person who operated the same company as the defendant as the representative director of (ju) H.
Around April 26, 2012, the Defendant and G entered into a mortgage contract with a maximum amount of 1,080,000,000 of the maximum debt amount as to the machinery and appliances, including 900,000,000 won for business start-up support funds from the Victim Small and Medium Business Corporation, which were installed in the above company’s factory, and the victim had a duty to keep the machinery and appliances, which were the object of the factory mortgage in accordance with the purpose of collateral until the debt is repaid, as the Defendant and G entered into a mortgage contract with a maximum debt amount of 55,00,000 won (total appraised amount of 82,094,70,000 won).
Nevertheless, the defendant and G shall act in collusion with each other.