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

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

Around March 17, 2015, the Defendant entered into a contract with the Defendant to obtain a loan of KRW 330 million from the Defendant’s Korean Bank (hereinafter “E”) at a U.S. branch of the Korean Bank located in 231, U.S., the Busan East-gu, Busan, to obtain a loan of KRW 330 million from the Defendant’s Korean Bank as a general facility loan, and the Defendant offered a large amount of high-level high-tech mining center (VM-1260) equivalent to the same amount owned by the Defendant who was established in the above “E” factory as a security by transfer to the Defendant, and agreed to continue to use it by the method of occupancy revision.

On the same day, the Defendant received KRW 330 million from the injured party to the account designated by the Defendant pursuant to the above agreement. As such, the Defendant had a duty to preserve the above machinery that was transferred to the injured party as a good manager so that the victim can achieve the purpose of security until repayment of the loan is completed, and to not dispose of it without prior consent of the injured party.

However, on March 2016, the Defendant, in violation of the foregoing duties, arbitrarily disposed of the said machinery at the aforementioned “E” factory, and acquired property benefits equivalent to KRW 330 million, and suffered property damages equivalent to the said amount from the victim.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement of the police statement related to G;

1. Complaint;

1. A credit transaction agreement and a transfer security agreement;

1. Application of Acts and subordinate statutes for inquiry by the credit president;

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

1. Article 62(1) of the Criminal Act provides that the amount of damage caused by the Defendant’s crime on the grounds of sentencing is not significant.

However, the victims received reimbursement of approximately KRW 280,000 from the Credit Guarantee Fund on behalf of the victims, and the actual amount of damage has been restored to about KRW 40,00,000.