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

However, 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 owner of a factory shall not transfer movable property constituting a factory foundation which has become the object of factory mortgage pursuant to the Factory and Mining Foundation Mortgage Act.

On December 3, 2013, the Defendant established the right to collateral security under the Act on Mortgage on Factories and Mining Foundations with the maximum amount of KRW 1 billion against the above factory site, factory buildings, and the machinery, equipment, etc. in a factory in the factory, on the two occasions, “A” as the representative of “C” located in Siung-si, and on December 3, 2013, the Defendant established the right to collateral security under the Act on Mortgage on Factories and Mining Foundations. On August 12, 2014, the Defendant created the right to collateral security with the maximum debt amount of KRW 123,60,000,000, which is the machinery, equipment, etc. in the factory, in addition to the security of the factory foundation, in order to secure the loan obligation

Nevertheless, around November 13, 2016, the Defendant sold the said “singing Center” at KRW 33,000,000 to Gold Processing Business D. On January 10, 2017, the Defendant sold the said “singing Center” and the string air to E, a gold producer of KRW 184,80,000, and transferred the movable property constituting a factory foundation subject to a mortgage in accordance with the Factory and Mining Foundation Mortgage Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. A questionnaire of the director of a loan account, a document establishing a mortgage, a full certificate of registered matters, and a list of security;

1. Each electronic tax invoice, a detailed statement of deposit transactions, and a statement of personal financial transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of suspect documents), investigation report ( telephone conversations by a criminal complaint representative, telephone conversations, page 135 of investigation records);

1. Article 60 (1) of the Act on Mortgage of Mining Foundations and the Selection of Imprisonment with labor for each factory and mining foundation which choose the applicable law and punishment on the facts of crime;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The reasonable value constituting a factory foundation established by the right to collateral security.