A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

The defendant is a person who was a representative director B of a corporation.

On March 23, 2012, B, upon receiving a loan from the victim Korean bank, set up a collateral security right with the maximum amount of 8.1 billion won on the building of factories, Dongs, and administrative affairs, owned by the Co., Ltd., Ltd., in Changwon-si, Changwon-si, Seoul., and set up a collateral security right with respect to machinery, appliances, and structures installed in the above building pursuant to Article 6 of the Act on Mortgage on Factories and Mining Foundations

Therefore, the defendant, who is the representative director of the corporation B, had the duty to keep the above machinery, apparatus and structure, which are the object of the right to collateral security, in accordance with the purpose of collateral, until he pays out the obligation to collateral security.

Nevertheless, on April 15, 2013, the Defendant received KRW 5.5 million from CNC Lathe (CNC No. ST-15) machine from KRW 5.5 million and sold it to D. On December 31, 2013, the Defendant received KRW 10 million from CNC Lathe (HIT-400G) machine from KRW 10,000,000 and sold it to SNC MTT, thereby obtaining property benefits equivalent to KRW 15.5 million and causing property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaints of Korean banks;

1. A copy of a contract for creation of a right to collateral security, a copy of the notice of completion of registration, a copy of information on completion of registration, a copy of the specifications of evaluation of buildings, a copy of the detailed statement of evaluation of machinery and tools, a copy of the list of appraisal of buildings, a copy of the appraisal of real estate and machinery, a copy

1. Article 355 (2) and Article 355 (1) of the Criminal Act (including inclusive) concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to ten months.

(a)types: