A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who operates a manufacturing factory, such as the gambling, with the trade name of “D” in the Gangnam-do Military Department C.

On September 8, 2010, the Defendant agreed to obtain a loan from an employee in charge of corporate loans on the condition that the said factory, land, and machinery 19 forms in a factory be set up on September 10, 2010. On September 10, 2010, the Defendant drafted a written contract to set up a collateral security agreement with a maximum debt amount of KRW 1.2 billion for the above factory, building, land, and machinery 19 forms in a factory. On January 16, 2012, the Defendant prepared a written contract to set up a collateral security agreement with a maximum debt amount of KRW 50 million for the above factory, building, and land, and machinery 20 forms in a factory, and thus, the Defendant had the duty to keep the object of the collateral security in order to achieve the purpose of collateral.

Nevertheless, on March 2013, the Defendant violated the above duties, and then arbitrarily disposed of the 5-type mechanical equipment equivalent to KRW 70 million to the victim, and acquired approximately KRW 70 million from the 20-type mechanical instrument of anti-automatic self-manufacturing machine of 20,000, KRW 200, KRW 16,000, KRW 200, KRW 16,000, KRW 8,000, KRW 800, KRW 16,000, KRW 8,000, KRW 100, and KRW 10,000, KRW 70,000, KRW 70, and the victim suffered damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a contract for creation of each right to collateral security, a written appraisal, a vindication of security for machinery, tools, and a contract for

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crimes: Type 1 (less than KRW 100 million) for embezzlement and breach of trust;

2. Determination of the scope of sentence: Basic territory;