A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who has run an electronic parts manufacturing business chain (state)C.

On May 23, 2013, the Defendant entered into a monetary loan agreement with the Industrial Bank of Korea at the south-dong branch of the Incheon Bank of Korea 30 U.S., Cheongdong-gu, Incheon. The Defendant: (a) transferred to the said bank the ownership of “high speed CHIP Maga, double-type Roter, compactr, screen racing, and screen lacing amounting to KRW 397,00,000 in total, market value,” which is an object of security set up in D located in Nam-gu, Incheon; and (b) obtained a loan from the said bank on May 18, 2021, with a total of KRW 344,000,000 on the condition of equal installment repayment of principal.

The Defendant had a duty to keep the said secured object in order for the said bank to achieve the purpose of security inasmuch as the Defendant borrowed KRW 344,900,000 from the person who suffered the same day under the said contract.

Nevertheless, the Defendant, in violation of the foregoing duties, voluntarily sold the above high-speed CHIP Magazers, screen scrapers in KRW 61,50,000 to the president of the E company during January 2014, and voluntarily disposed of the trouble in the course of arbitrarily moving the above compact air exhausters to another factory around November 2014, and transferred the above double-type magazers to the trading office as the price for outstanding goods.

As above, Defendant acquired property benefits equivalent to KRW 397,00,000 in the market value of the above movable property, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Transfer security contract, inquiry table of the ledger of loans, and current status of credit transactions;

1. Application of Acts and subordinate statutes to investigative reports (report on confirmation of telephone conversations with a suspect);

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.