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

Punishment of the crime

The defendant is the representative director of C in Gyeonggi-si, Inc.

On March 18, 2010, the Defendant entered into a comprehensive collateral security agreement with the Industrial Bank of Korea of Korea of the victim and C on a loan obligation against the victim, and provided the factory sites, buildings, and machinery, apparatus, etc. inside the above address as joint collateral, and completed the registration of establishment of collateral security with the maximum amount of KRW 360 million, the debtor, C and the Industrial Bank of Korea of Korea of the creditor, the Defendant, the representative of the company, had the duty to manage and preserve the said collateral for the mortgagee.

Nevertheless, the Defendant: (a) removed the first class of the steering team (or the market price of KRW 50 million) on which the right to collateral security was established; and (b) sold the second class of the first class (or the market price of KRW 118 million) on the second class (or the total market price of KRW 18 million) on the second class on which the right to collateral security was established.

Accordingly, the Defendant concealed each of the above machinery, which was the object of the rights of the victim company, obstructed the exercise of mortgage by the victim company, and at the same time violated his duties, acquired property gains equivalent to KRW 168 million, which is the sum of the security values of each of the above machinery, and caused property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of a credit transaction agreement, inquiry note of the ledger of loans, copy of a contract for the establishment of a collateral security right, statement of evaluation of machinery, tools and structures

1. Article 355 (2) and (1) of the Criminal Act, and Article 323 of the Criminal Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that the defendant led to confession and reflects the crime of this case, and that the defendant has no record of criminal punishment exceeding the same kind of punishment or fine in this case.