A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 30, 2015, the Defendant provided three gold-processed Machinery Co., Ltd. (name No. 5028-000475, MV030-00120, MV00522) in the Defendant’s factory as security at the Industrial Bank of Korea, while the Defendant provided three gold-processed Machinery Co., Ltd. (hereinafter “victim”) in charge of the Defendant’s employees in charge of the Defendant’s Capital Co., Ltd. (hereinafter “damage Co., Ltd”) to the said Industrial Bank as security, the Defendant provided three gold-processed Machinery Co., Ltd. (hereinafter “Plaintiff”) to another creditor, which was owned by the Defendant, with a loan of KRW 240 million from the Industrial Bank around October 19, 2015.

On the same day, the Defendant entered into a transfer contract with the employees belonging to the victimized Company and the said three parts of the machinery to sell them to the victimized Company KRW 280,000,000, and entered into a lease contract for the Defendant to lease the said machinery from the victimized Company. In other words, the Defendant received from the victimized Company the amount of KRW 196,275,00 from the national bank account in the name of the victimized Company, which was designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaints of Korean Capital Companies;

1. A report on investigation (documents submitted by a complainant's agent) and photograph;

1. Investigation report (the telephone conversations of an agent for complaint);

1. Report on investigation (documents related to loans on security of corporate banks);

1. Investigation report (the wire call of a person in charge of loans from a corporate bank);

1. Application of Acts and subordinate statutes to a contract for transfer, contract for facility lease, contract table, receipt of an article, and report on inspection of an article;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following grounds for sentencing) [the scope of the recommended sentence] General Fraudulent Type 2 (at least KRW 100 million, less than KRW 500 million) (from October to February 6) in the mitigation area (at least KRW 100,000 to KRW 50,00), the scope of the sentence that is compared with the recommended sentence: 10 months to June 2.