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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
"2013 Highly 69" defendant is the representative director of F.C. established for the purpose of manufacturing automobile parts and presses located in Y-si C and Gwangju Northern-gu E.
1. On February 28, 2007, the Defendant was given a loan of KRW 45 million in the name of F from the Victim Gwangju Bank Co., Ltd., Ltd. in the name of F, and the Defendant had 83 million industrial machinery of the above company, the industrial machinery of which amounting to KRW 83 million, provided the victim as a security for transfer and had the victim keep it in the F Co., Ltd. by means of possession revision after having offered the victim as a security for transfer. As such, the Defendant had a duty not to faithfully manage the security so that the victim, the secured party, can achieve the purpose of the security, and reduce the value of the security by arbitrarily disposing of it.
Nevertheless, in violation of the above duties, the Defendant: (a) took out the object transferred for security from F plant F Co., Ltd. at F Co., Ltd. without permission and voluntarily sold the subject matter of transfer to F Co., Ltd.; (b) thereby preventing the Defendant from being reimbursed KRW 28,33,00,00, which is the remaining claim amount of the victim’s remaining claim; (c) obtained pecuniary benefits equivalent to the amount of the outstanding proceeds; and (d) suffered pecuniary damages equivalent to the same amount.
2. From March 23, 2006 to February 20, 2007, the Defendant took out loans equivalent to KRW 2.8 billion from the victim’s Industrial Bank of Korea to 10 times in the name of D Co., Ltd., and offered land, factories, and industrial machinery 14 points to the victim as collateral, and established the right to collateral. Thus, until the loan is fully paid, the Defendant had a duty to faithfully manage the collateral so that the victim, who is the secured party, can achieve the purpose of the collateral, and not to reduce the value of the collateral by arbitrarily disposing of it.
Nevertheless, it is not appropriate.