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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates D Co., Ltd. in Ulsan-gun C.

On May 18, 2007, the Defendant took out a loan of KRW 3,361,447,718 in order to raise operating funds of the Defendant at the Gyeongsan-dong 718-13 Busan Metropolitan City Busan Metropolitan City, Busan Metropolitan City, Busan Metropolitan City, Busan Metropolitan City, for the purpose of raising funds for the operation of the said Company. On the other hand, the Defendant, which was established in the said company, provided one model (name SNK HF-4PK) for Rashing machine (name SNK HF-4PK) and one for CF-HPK (name DOMIL-8VD20) to the victim bank as an object of a collateral mortgage under the Factory Mortgage Act. Thus, the Defendant’s duty not to transfer any machinery that became the object of the mortgage until the payment of the loan was made.

Nevertheless, on December 31, 2012, the Defendant sold the Rashing machine in total to F, 230 million won, and 230 million won in total, in order to raise funds for the repayment of other obligations of the Defendant at the above company factory, and to raise funds for the repayment of the Defendant’s other obligations.

Accordingly, the Defendant transferred three of the above machinery, which is the object of the mortgage, to the above E and F.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. A complaint, an appraisal report, and a statement of machinery and instruments evaluation;

1. Application of Acts and subordinate statutes to each contract to establish a mortgage, additional contract to establish a mortgage, and contract to alter a mortgage;

1. Article 60 (1) of the Act on Mortgage of Mining Foundations and the Selection of Imprisonment with prison labor for a factory or mining foundation selected to commit a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to be the fact that the Defendant disposed of the machinery that became the object of a mortgage without the creditor’s consent, but it appears to have caused the instant crime in order to prepare personnel expenses, material costs, etc. of the company faced with dishonor, etc., and the circumstances are recognized to be considered in light of the motive and circumstances of the crime, and the Defendant