A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who is engaged in the main and gold-type manufacturing business under the trade name of Gangseo-gu Busan Metropolitan Government C.

The Defendant’s “Credit Guarantee Fund” stated in the indictment of the Korea Technology Finance Corporation around March 15, 2013 is clear that it is a clerical error of the “Korea Technology Finance Corporation”.

Under the guarantee agreement, when receiving a loan of KRW 185 million from the victim bank D Co., Ltd., the company transferred the company's machine (E manufacturing, manufacturing number MemV028-00485 on February 2013, 2013) to the victim as security.

Although the Defendant fulfilled his duty of care as a good manager to keep the above machinery for the victim, the Defendant violated it and sold the above machinery at the above C Office around April 2017 after receiving KRW 95 million from F Co., Ltd., thereby causing property damage equivalent to KRW 127,505,380 of the above principal of the loan to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. Each report on investigation;

1. Application of the written accusation, transfer security contract, guarantee agreement, guarantee agreement, post-management ledger of credit companies, notification of a credit guarantee accident, subrogated repayment certificate, and current status of claims for indemnity to statutes;

1. Relevant Article 355 of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and the reasons for sentencing selection of imprisonment;

1. Embezzlement embezzlement crime scope of the recommended punishment according to the sentencing guidelines:

2. The crime of this case by which the defendant sold the machinery of the vertical machine mining center equivalent to KRW 127,505,380,000 at the market price provided as security by transfer to the victim for the purpose of using his/her debt repayment, etc., thereby causing damage equivalent to KRW 127,50,000 to the victim. In light of the motive for the crime, amount of damage, etc., the crime is not good, and the defendant subrogatedly repaid the amount of damage to the victim.