A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the operator of D 1 factory in Kimhae-si and D 2 factory in Kimhae-si, who produces and sells the cremation site.

On May 6, 2015, the Defendant prepared a notarial deed of mechanical transfer contract with the content that the said investment contract is terminated and the said contract is transferred to the creditor, until the return of the investment money, by a method of occupying and amending the ownership of KRW 20 million in the market price owned by the Defendant in the aforementioned D 1 factory in order to secure the investment money at a notarial office, 'law firm, Kimhae & World', which is 422-ro 12-ro, which is located in the Kimhae-si, Kimhae-si, 2015.

Therefore, the Defendant fulfilled his duty of care as a good manager until the return of the above investment deposit is completed, and the Defendant had a duty to keep the above machinery, which is a transferred security, for the victim.

Nevertheless, on December 2015, the Defendant violated the above duties and sold the above D1 factory from H located in the Dong-gu, Busan to I, by receiving KRW 50,000,000,000, including the above machinery, which is a transfer security, to the Plaintiff, thereby incurring property damage that would lose the security equivalent to KRW 20,000,000,000 in the market price, and at the same time acquiring property profit of the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a certificate;

1. Article 355(2) and (1) of the Criminal Act, the choice of imprisonment for a crime

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (100 million won) of the mitigated area (one month to October) [the person subject to special mitigation] of the mitigated area, or the case where significant damage is recovered [the decision of sentencing] agreed with the victim (the decision of sentencing], and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the amount of damage and the defendant's age, character and conduct, family relationship, family relationship, home environment, motive and means of crime, and circumstances after crime, shall be