The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. On the other hand, the defendant disposed of 13 parts of the factory machinery offered as security to the victim without the consent of the injured party, and the total market price of the factory machinery reaches or exceeds KRW 100 million.

However, the defendant recognizes and reflects the crime.

The defendant provided the above factory machinery as security and actually borrowed from the injured party amount of KRW 42 million, and the defendant paid loans to the injured party and agreed to the injured party only by the injured party.

There is no criminal record for the defendant.

In addition, the sentence of the lower court is too unreasonable in light of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

Therefore, the defendant's argument of sentencing is justified.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is decided after pleading, as the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and (1) of the same Act concerning the selection of punishment;

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