A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person who operates D Co., Ltd. in Busan-gu C.

On August 26, 2014, the Defendant entered into a contract with the Daegu Bank of Science and Technology (hereinafter “VM84”), at a branch of the Daegu Bank of Korea (hereinafter “Seoul Bank of Science and Technology”) located in 290,000,000 won as collateral, on the condition that the Plaintiff would pay KRW 11 million each month from the Daegu Bank of Korea until August 26, 2018, and that the Defendant would receive a loan of KRW 395 million from the Daegu Bank of Korea (hereinafter “VM960”), and entered into a contract with the Defendant providing one machine of the MM84 “V84,” the market price of which is equivalent to KRW 270,000,000,000.

Under the above contract, the defendant had a duty to use, preserve and manage the machinery of the machine of the machine learning center as a good manager so that the victim can achieve the purpose of the transfer security.

Nevertheless, on December 12, 2015, the Defendant, in violation of the foregoing duties, sold one of the machinery of the “VM960” machine from among the machinery that was provided as collateral with KRW 137.5 million to the said D Company, thereby acquiring pecuniary benefits equivalent to KRW 137.5 million in the purchase price and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A credit transaction agreement and a contract for the establishment of a collateral security right;

1. Application of Acts and subordinate statutes governing tax invoices;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (one year to three years) of the sentencing guidelines shall be the scope of the recommended punishment [the scope of the recommended punishment] class 2 (the amount between 100 million won and 500 million won) (the amount between 10 million won and 500 million won)

2. The crime of this case in which the sentence of sentence is to be pronounced is not sufficient to constitute a crime by selling the machinery provided for the transfer to the victim, and the amount of damage is also reasonable.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case.

In the process of resolving the business difficulties of the company, the crime of this case is committed.