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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
C served as the representative director of corporation C.
On December 7, 2012, the Defendant entered into a mortgage contract with the debtor C Co., Ltd. and the Industrial Bank of Korea for the establishment of the right to collateral security at the time of the establishment of the right to collateral security at the time of the establishment of the right to collateral security, and completed the registration of the right to collateral security at around that time. The Defendant entered into a mortgage contract with the debtor C Co., Ltd, and the Industrial Bank of Korea for the establishment of the right to collateral security at the time of the establishment of the right to collateral security.
As above, the Defendant provided factories, machinery, equipment, etc. listed in the separate sheet as collateral to the Bank of Korea, and thus, the Defendant had a duty to keep the instant machinery in line with the purpose of collateral until the secured debt is repaid, and to not arbitrarily separate it from the factory.
Nevertheless, at around December 2013, the Defendant sold approximately KRW 130 million in total, among 24 points of machines and equipment offered as security, to the name-free scrap metal business operators in the above factory as above, 2-6, 8, 10, 13-18, 20-20-23 books of approximately KRW 17 million, and then delivered them around that time.
Accordingly, the Defendant, as seen above, sold a total of KRW 130,000,000,000, and took property benefits equivalent to the same amount, and had the Industrial Bank of Korea suffered damages equivalent to KRW 55,81,000,000 at the market price of the said machinery and instruments.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint;
1. A list of machinery and instruments created by a joint mortgage, a credit transaction agreement, a mortgage creation contract, and a detailed statement of appraisal of machinery, instruments and structures;
1. Application of Acts and subordinate statutes on assessment;
1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense.
1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Type 3 (50 million won or more to 5 billion won).