A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who operates the (State)C in Kimhae-si, Kimhae-si.

On July 29, 2011, the Defendant concluded a contract to establish a mortgage by providing land for factories with 5,542 square meters, 1,796.8 square meters, machinery and apparatus 15 units, etc. at the location of the Busan Bank, Busan Bank, Inc., a victim corporation, etc. located in Sejong Metropolitan City, with a loan of 2.65 million won.

Therefore, the defendant has a duty to keep the real estate and movable property provided as security until he/she has repaid the loan to him/her, and not arbitrarily take them out.

Nevertheless, the Defendant violated the above duties and arbitrarily sold the total amount of KRW 22,7350,000 to the 9th market price of machinery, equipment, such as the machine learning center, which was offered as security around July 2012, to the person who was not the name of the machinery, in Kimhae-si B.

Accordingly, the defendant obtained financial benefits equivalent to the same amount, and the victim suffered a loss equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes related to loans;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) of the suspended sentence is that the defendant confessions and reflects the instant crime, that the victim does not want the punishment by mutual consent with the victim, that the defendant has no record of criminal punishment as the principal offender, and that the defendant has no other record of criminal punishment, and that the defendant is sentenced to suspended sentence of imprisonment with prison labor, taking into account the defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, circumstances after the crime, etc., and all the conditions of sentencing