A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant is a person who actually operates C (hereinafter referred to as “C”) in the window B of Changwon-si.

From August 5, 201 to September 22, 2016, the Defendant borrowed KRW 4,439,220,000 on a total of six occasions from the victim E Bank Co., Ltd. Kimhae-si to Kimhae-si to take out a loan of KRW 4,439,220,00 on a total of six occasions for the funds for facilities and operation of C, and thus, the Defendant established a collateral security right and a factory mortgage on C’s factory building, site, and machinery installed in a factory, and thus, there was a duty to keep the machinery offered as a collateral until he/she pays back his/her obligation to the

Nevertheless, in violation of the above duties, the Defendant sold the machinery listed in the separate sheet from July 31, 2017 to October 1, 2017 to 535,000,000 won to a straw machinery seller, thereby obtaining property benefits equivalent to the above amount, and suffered damage equivalent to the victim’s amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Each appraisal report;

1. Each credit transaction agreement and the collection table;

1. All statements of transactions;

1. A machine list;

1. Full certificate of the registered matters;

1. Complaint;

1. Application of investigation reports (Submission of Suspected Report February 6, 2018), investigation reports (the machinery disposed of as a suspect) Acts and subordinate statutes;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (2) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following favorable circumstances)

1. Each act of breach of trust in which the alleged defendant disposed of the machinery offered as security constitutes not a single comprehensive crime but a single concurrent crime, and thus, it is not a law on the Aggravated Punishment, etc. of Specific Economic Crimes.