A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has operated the “D” located in Bupyeong-gu, Nowon-gu, Seoul.

[2014 Highest 3308] On March 16, 2010, the Defendant obtained a loan of KRW 70,000,000 from the Industrial Bank of Korea located in Seocheon-si, Seocheon-si, Seocheon-si to purchase modern M&A bargaining center (V380T) for the use of small and medium enterprise facilities funds, and provided the said machinery as security for transfer to the Industrial Bank of Korea.

According to an agreement on the transfer for security, the defendant fulfilled his duty of due care as a good manager to use, preserve, and manage the property transferred for security within the ordinary use or business scope, and when he intends to change the place, facilities, and other management methods of the property, he has a duty to obtain prior consent of the victim, who is the creditor.

Nevertheless, on November 2013, the Defendant, in violation of the above duty, sent the above machine to E’s workplace where he was aware of the fact that he received the notification or consent from the victim, and the location of the machine was unknown due to the circumstances.

As a result, the Defendant acquired property benefits equivalent to KRW 63,706,369, which is the amount of secured debt at the time of the above disposal, and suffered property damage equivalent to the same amount by the victim.

[2014 Highest 3375]

1. Around November 7, 2012, the Defendant leased press machinery equivalent to KRW 49,000,000 at the market price of the said D office for 36 months from the BF Capital Capital; around November 16, 2012, at the above D office, the Defendant leased the cropsing machine equivalent to KRW 45,000,000 from the BF Capital for 36 months from the lease period; and on March 27, 2013, the Defendant received the right to ownership of the said machinery from the said BF Capital Co., Ltd. on behalf of the said CF Capital Co., Ltd., Ltd., while keeping the said machinery on behalf of the said Co., Ltd., Ltd., the Defendant arbitrarily received the payment of KRW 3 million from the end of the Internet advertisement and sold it to the Nonindicted Machinery Business Operator, who became aware of the said machinery through Internet advertisement.