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 became final and conclusive.

Punishment of the crime

The defendant is the representative director of the company D in Daegu-gu, Daegu-gu, who actually operated the above company.

On October 16, 2013, the Defendant entered into a contract to establish a security right with the amount of KRW 360 million in the name of the Defendant as the representative director of the said company, upon receiving a loan of KRW 300,000,000 from the victim, Daegu Bank No. 109 on a monthly basis, Daegu-gu, Daegu-gu, and Daegu-gu, and transferred one copy of the processing machine as security to the victim, on the ground that the Defendant purchased the amount of KRW 324,80,000,000 in the market price of the Defendant.

Since the Defendant provided the above machinery as security to the victim, the Defendant had a duty to preserve the object of transfer security by fulfilling the duty of due care of a good manager for the victim until the victim repaid the loan to the victim.

Nevertheless, on December 20, 2016, the Defendant sold 1,000,000,000,000,000,000 won, on December 20, 201, when the type of gate, which is located in the 5th industrial complex, Seogu Seo-gu, Seogu, Daegu-gu, Daegu-gu.

As a result, the Defendant violated his duty as a transferor collateral and sold the subject-matter of transfer collateral, thereby acquiring property benefits of an amount equivalent to KRW 182 million, and caused property 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 for E;

1. A complaint, a letter of credit transaction agreement, an anticipated inquiry into an account, a transfer security contract, an appraisal report, and a photograph;

1. Application of Acts and subordinate statutes to a copy of a passbook received from the money disposal proceeds, a statement of account transactions received from the money disposal proceeds, details of deposit of current account account transactions, payment order due to unpaid factory rents, details of payment of sales proceeds, and details of payment from purchase money;

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. Article 62(1) of the Criminal Act: