A defendant shall be punished by imprisonment for six 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

The defendant operates FF Co., Ltd. in the Gu, Si, Si, Si, Si, and Gu.

F Around October 15, 2013, F Co., Ltd. entered into a loan agreement with the Small and Medium Business Corporation for KRW 1 billion for loans, and made a registration of the establishment of the maximum amount of claims KRW 1.2 billion for E land, etc. in order to secure the obligation for loans. On October 29, 2013, F Co., Ltd. entered into a contract for the alteration of the collateral security agreement with the Small and Medium Business Corporation for the establishment of the maximum amount of claims KRW 1.2 billion for E land, etc., according to the Factory and Mining Foundation Mortgage Act, and completed the agreement for the alteration of collateral security agreement with the maximum amount of claims by adding four of the chip PP-W devices to the joint collateral.

Therefore, the defendant, the representative director of the FF corporation, had a duty to keep the above machinery for the victim until he fully pays the loan.

Nevertheless, the Defendant violated his duties and sold 200 million won among the above 4 machinery offered as security around May 11, 2015, to the Dou teccous Co., Ltd. which has a place of business in Seocho-gu Seoul Metropolitan Government Yang Jae-dong.

Accordingly, the defendant acquired approximately KRW 200 million property benefits in violation of his duties, and caused the victim to suffer property damage equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police on the police;

1. Application of Acts and subordinate statutes to accusations, investigative reports (limited to attachment, such as written statements and loan agreements, business registration certificates, etc.), two copies of real estate registry, investigation reports (to hear statements by complainants agents and submit reference materials, such as contract for establishment of collateral security);

1. Relevant legal provisions of the Criminal Act, Articles 355(2) and 355(1) of the Criminal Act, the choice of imprisonment [the owner of a factory and mining foundation, on which a factory mortgage has been established pursuant to the Mortgage Act, shall keep the object for the purpose of security until his/her liability is repaid;