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

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 January 27, 2014, the defendant operated a manufacturer of automobile parts with D's trade name in the Gyeongbuk-gun, the defendant extended a loan of KRW 570 million from the victim Daegu Bank's Daegu Bank's business division office in the 124 Daegu Bank's business division office to the Seongbuk-gu Corporation. On January 27, 2014, the defendant established a factory collateral security right with the maximum claim amount of KRW 684 million against the land and buildings owned by the above D, the machinery and instruments installed in a factory, in accordance with the Factory and Mining Foundation Mortgage Act.

Accordingly, the defendant should not dispose of the above machinery that created factory collateral security to another person or damaged the above object of collateral security to enable the injured party to realize the purpose of factory collateral security, and have the duty to maintain the value of collateral while managing it with the duty of due care of a good manager.

Nevertheless, among the machines that have been established as a factory collateral security in violation of the above duty, the Defendant arbitrarily sold the press machinery BS-250 won equivalent to KRW 72,930,000 at around February 2, 2015 to E, and the press machinery PC-200N equivalent to KRW 19,045,000 at early October 2016 at the market price of KRW 19,560,000 at each time to the non-dissc-10 of the market price of KRW 18,560,00 at around that time, and then arbitrarily discarded the HCA-160 of the market price of KRW 15,236,00 at its own discretion.

As a result, the Defendant acquired property benefits equivalent to the total market value of 91,975,00N of press machines BS-250, and PCA-200 N, which is the object of the right to collateral security of a factory of the victimized party, and inflicted damages equivalent to the same amount on the injured party. The Defendant destroyed machinery equivalent to the total market value of 33,796,000 won which is the object of collateral security of a factory of the injured party, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes of a complaint, a written contract for the establishment of a right to collateral security, and a written contract for movable trade;