A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

P, in the course of obtaining a loan equivalent to KRW 2.931 million from the Industrial Bank of Korea, which is the victim, entered into a mortgage agreement with the victim bank on November 21, 2007, which provides the above company's land and building as a collateral, to cover the maximum debt amount of KRW 2.0 billion. On the same day, the victim bank entered into a mortgage agreement with the victim bank on the change of the right to collateral, which adds total nine points of machinery and apparatus, such as BTA M/C2, to the collateral of the above company's financial instruments and apparatus, and then registered the change of the right to collateral on the same day. On June 13, 2008, P entered into an additional mortgage agreement with the victim bank and the above company's financial instruments and apparatus as a collateral, and completed the registration on the change of the list.

On September 2010, the Defendant acquired the above company and changed its trade name into (E). After starting the operation of the above company as the actual representative director, the Defendant had a duty to keep and manage the above machinery and apparatus, which is a collateral, in conformity with the purpose of collateral, until repayment of the secured obligation of collateral security was made. However, the Defendant was willing to arbitrarily dispose of the said machinery and apparatus on the ground that the business contents of the Defendant intended to operate and the use of the said machinery and apparatus

In violation of the above duties, the Defendant arbitrarily disposes of the BTA M/C 6030 of the market price equivalent to BTA M/C 269,791,666 won among the above machinery and appliances at the end of February 201, and 240,625,00 won of the market price of the BTA M/C 50,620 won of the market price, 2nd half of the market price of the BTA M/C 5020 of the total of 39,166,666 won, and 62,666 won of the market price of Q and sold 40 million won of the total price to R operating Q from November 201 to July 201, and acquired property profits equivalent to 739,472,464 won of the market price of the machinery and appliances provided as security to the victim bank, as described in the attached list.