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

"2016 Highest 2306"

1. The Defendant is a person who had been operating a hybrid manufacturer with the trade name “D”.

On May 23, 2014, the Defendant entered into a lease agreement with the victim Samsung Card Co., Ltd. on the condition that three of the heavy voltage-type press equipment from May 23, 2014 to May 23, 2017 would pay rent monthly 4,284,500 won between the Defendant and the Defendant, who received delivery of the said equipment.

While the Defendant kept the said machinery as above, he received KRW 30 million from the above office on May 4, 2015 and sold the said machinery to F at his own discretion.

Accordingly, the defendant embezzled the victim's property.

"2017 Highest 96"

2. On May 31, 2013, the Defendant: (a) obtained loans of KRW 440 million from the Plaintiff’s business division of the Daegu Suwon-dong 2,118, and (b) concluded a contract to establish a factory collateral security pursuant to the “factory and Mining Foundation Mortgage Act” for six machinery inside the factory, building, and factory; (c) the victim submitted a list of six machinery in total in accordance with Article 6 of the said Act while registering the establishment of the right to collateral security on a factory site and building with the maximum amount of the claims amounting to KRW 528 million.

Therefore, the defendant had a duty to keep and manage the above machinery as a good manager's duty of care so that the damaged person can achieve the purpose of the above mortgage.

Nevertheless, the Defendant sold some of the above machinery, which was established as a collateral security, and acquired the company’s operating funds from the company on September 29, 2014. On Samsung Integrated Machinery, the Defendant arbitrarily sold NC Lever Feer and Sembar Knuk Press in the total amount of KRW 120,620,000,000, the market value of which is the object of the collateral security, to the Samsung Integrated Machinery, at least KRW 100,000,000,000.

By doing so, the defendant violates his duty against the victim, thus making the amount of unsound property.