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

【Criminal Records】 On January 23, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Customs Act at the Seoul Central District Court, etc.

8.27 The judgment became final and conclusive.

【Criminal facts】 The Defendant is a person who actually operated (main) D, a manufacturer of digital apparatus such as video on the second floor of Seoul C building.

On October 7, 2014, at the office of the injured Korean Export-Import Bank located in Yeongdeungpo-gu Seoul Metropolitan Government as a bank, the Defendant received a loan from the injured party of KRW 290 million for export growth fund, and as security, the Defendant provided goods worth KRW 393815,587,000,000 in the market value of the class 19, such as the class 19, etc. kept in the D warehouse, as security, to the injured party by means of possession revision, and provided it as security. As such, the Defendant had the duty to faithfully manage the goods in the amount of KRW 377,700,000,000 in the limit of security amount so that the purpose of security can be achieved.

Nevertheless, on December 2014, the Defendant arbitrarily disposed of all of the collateral objects stored in a D warehouse on the ground that the financial situation of the company is difficult.

Accordingly, the Defendant, in violation of the above duty, acquired the benefit equivalent to the security value at the time of the goods offered as security for transfer in the market price and sustained the loss equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning interrogation of suspects of E by each prosecutor's office (including substitute parts);

1. Statement made by the police with regard to F;

1. A copy of a written agreement on a loan (limit), an additional agreement, a security agreement for transfer, or a statement providing security for transfer;

1. Records of the judgment: Inquiry about criminal history, inquiry about summary information of the case (related cases), and application of the statutes of Part III of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.