A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On October 22, 2008, the Defendant, upon receiving a loan of KRW 50 million from the Bank of Korea of the Victim’s Bank, reserved ownership of the victim until the completion of the above loan principal and interest, with respect to KRW 1 PMA-230 (gold production machine, KRW 73 million) kept in Gwangju Mine-gu, and entered into a transfer security agreement whereby the Defendant will continue to use the loan.

On September 2013, the Defendant, at the above C factory, had the creditors’ demand for the payment at the time, and had the business operation of the above factory because of the lack of funds, had the intent to dispose of the gold-type production machinery offered as above, and had the Bank of Korea under the duty of due care as a good manager so that it can achieve the purpose of the security, and had the Bank of Korea responsible for preserving the machinery with the duty of due care to dispose of it, loss, damage, or any other act of reducing the value of the security. However, even if the Defendant did not dispose of it or destroy it, the Defendant arbitrarily disposed of it to the seller of used machinery without the name of the victim, thereby causing damage equivalent

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A contract for security for transfer;

1. Application of Acts and subordinate statutes to photographs taken for the purpose of transfer security;

1. Relevant Article 355 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (4 months to 100 million won) basic area (4 months to 1 year and 4 months) [no person subject to special sentencing] [decision of sentence] Defendant obtained a loan from the victim bank and obtained a transfer of 50 million won from the victim bank, thereby infringing the victim bank's right to demand the security of the bank by arbitrarily disposing of the machinery provided as security and making the location known, and thus infringing the victim bank's right to demand the security of the bank. The crime is not good, and the debtor who created the transfer security right is in breach of trust against the debtor.