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 became final and conclusive.

Punishment of the crime

The defendant is the representative director of Pyeongtaek-si Co., Ltd. D who manufactures and processes synthetic fibres located in Pyeongtaek-si C.

On June 29, 2007, the Defendant: (a) obtained a corporate loan from the Industrial Bank of Korea at the Industrial Bank of Korea (the Industrial Bank of Korea), and under the Factory Mortgage Act, established a mortgage equivalent to KRW 1.3 billion with respect to textile product processing machinery and appliances owned by the said D; (b) accordingly, the Defendant breached his duty to preserve the subject-matter by the time of performance of the obligation until the time of performance of the obligation; (c) on May 11, 2009, “high speed of sale” from among the machinery and appliances offered as security at the said D D’s factory, “PR IT Y 1 set” and “PH PE 00,000,000 won total market price,” and (d) sold 200,000,000 won in total to other machinery and appliances at the 00,000,000 won, and continuously sold the 1.1 billion,010,010.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of punishment] 1 month to 5 years [the determination of a sentence] 2 types of embezzlement crime group (the amount between KRW 100,00 and KRW 500,000] 2 types of embezzlement crime group (the amount between KRW 100,000 and KRW 500,000)