A defendant shall be punished by imprisonment for six 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 a person who has been engaged in manufacturing business under the trade name “C” at the window B of Changwon-si.

On March 17, 2005, the Defendant offered 9 units of machinery written in the annexed Table No. 3 (690 million won in total) to the victim bank in Changwon-si, Changwon-si, the Defendant offered 9 units of machinery written in the annexed Table No. 3 times (690 million won in total at the time of appraisal) to the victim bank, and received a loan from the victim bank in total of 645,804,740 won in total, when the appraisal was installed at the defendant's workplace (162 million won in total) with the collateral limit of 213.6 billion won.

Therefore, the defendant has a duty to properly preserve and manage the above machinery until the full payment of the loan is made so that the value of the security is not damaged.

Nevertheless, on May 5, 2018, the Defendant violated his duty and disposed of the said nine parts of the said machinery in violation of his duty to a seller of used goods with seven other machinery and appliances, and without permission, at least 220 million won to a seller of used goods with seven other machinery.

As a result, the defendant acquired the above 9 million collateral value of the above 9 million won and suffered property damage equivalent to the same amount from the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A credit repayment statement, each contract for security for transfer, appraisal statement, etc.;

1. Application of investigation report (report on the confirmation of the amount of loan extended for security and the amount not repaid), and application of Acts and subordinate statutes to report an investigation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (a decision of type) (a decision of type) for embezzlement and breach of trust (a decision of type ] for embezzlement and breach of trust (a special person) for less than KRW 100 million (a special person) for mitigation factors: the recommended field where punishment is not granted or a significant damage has been recovered; and