A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 13, 201, the Defendant: (a) as the representative of C Co., Ltd., automobile parts manufacturing chain; (b) obtained a loan of KRW 535,00,000 in total from the damaged party at the Yangsan-dong Branch of the Victim Gwangju Bank, Yangyang-dong, Yangyang-dong, Gwangju, the Defendant set up a right to collateral security of KRW 642,00,000 for the total amount of the corporate factory site and ground buildings owned by C; and (c) the maximum amount of the claim amount of KRW 642,00,000 for the key machine frame in the factory.

On March 1, 2015, the Defendant arbitrarily sold 3 presses machinery from among presses that set up a collateral security to E at a factory located in Gwangju Northern-gu, Gwangju, at KRW 80,000,000, and sold 4 presses machinery at the same place around July 16, 2015 to F for KRW 105,00,000, thereby hindering the exercise of the victim’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on a complaint, the detailed statement of obscure machines and instruments, a credit transaction agreement, a mortgage creation contract, and a detailed statement of evaluation of machinery, instruments and structures;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Punishment of Imprisonment);

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are against the Defendant’s mistake. The distribution of the total amount of KRW 1,228,82,806 to the principal and interest of the victim’s claim in the auction procedure for the factory site and the building on the ground where the instant right to collateral security was established was made, and no substantial damage has occurred to the victim. There are circumstances that may be considered in the motive and circumstance of the Defendant’s disposal of the instant press machine. The disposed amount also is also used for paying employees’ benefits or paying obligations related to the payment of obligations, and other various records of the instant case, such as the Defendant’s age, sexual conduct, family relationship, and criminal records.