A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 11, 2014, the Defendant loaned KRW 161,000,000 to the Small and Medium Business Corporation’s support fund for the start-up business to secure the recovery of the loan, and concluded a collateral security contract with the maximum amount of KRW 194,00,000,000,000 for the factory including the test machine owned by the Defendant in order to secure the recovery of the loan.

The Defendant, according to the above contract establishing a collateral security, had a duty to keep the test machine as a good manager, and even if there was a duty to keep the test machine as a good manager, he/she violated the duty and transferred it to another creditor around April 2014.

As a result, the Defendant acquired property benefits equivalent to KRW 161 million in total from the market price of the above early two examinations and the race test flag, and caused considerable damages to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 355(2) and Article 355(1) of the Criminal Act’s selection of punishment for the crime of this case is a serious crime in light of the following: (a) the Defendant arbitrarily disposed of the machinery provided as security to the Victim Corporation; (b) obtained property gains of KRW 161 million; and (c) incurred property losses equivalent to the same amount to the Victim Corporation; and (d) did not recover from damage.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.