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

Around December 31, 2012, the Defendant purchased 48 million won from the Bank of Korea (hereinafter “FFK Savings Bank”) with a loan of 1,450,000 won from the victim bank, and decided to repay loans between 48 months each month and 48 months each month, and had the victim settled a mortgage on the above CF period around January 3, 2013. On November 5, 2013, the Defendant continuously purchased 42 million won from the same victim with a loan of 42 million won and decided to repay loans between 1,16,760 won each month and 48 months each month, and on November 7, 2013, the Defendant established a collateral security right for the above CF period with a view to having the victim arbitrarily keep the aforementioned collateral until the above loans are fully performed. Thus, the Defendant created a collateral security right for the above 2000 won, such as lending.

Nevertheless, on February 3, 2014, the Defendant violated his duties and arbitrarily lent the loans to C at the construction site of Gyeonggi Kimpo-si, Gyeonggi-si, Kimpo-si on February 3, 2014, thereby obtaining financial benefits equivalent to KRW 72,397,405, and the victim suffered financial losses equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each loan agreement, the registration ledger of construction machinery, the ledger of general loan loans, deposits, inquiries into deposits, details of transactions, and inquiries into the Acts and subordinate statutes regarding redemption;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] mitigated (less than 100 million won) category 1 (and less than 100 million won) [the person who is subject to special sentencing] [the decision of sentence] was not restored to the victim's damage. However, the defendant's damage was not restored. However, the defendant's awareness of the crime and reflects the crime, the minor degree of violation of duties is minor, the defendant's health is a traffic accident.