A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who operates C in Yongcheon-si Co., Ltd.

On March 28, 2013, the Defendant obtained a loan of KRW 765 million from E (the chairperson F) from the damaged party E (the chairperson F) in the E-Gyeongbuk branch located in Chungcheongnam-si, Busan, the Defendant created a factory mortgage on the Defendant’s business premises of C in which the machinery and equipment are installed, and the Defendant has the duty to maintain the value of the collateral with the care of a good manager as to the factory mortgage mortgage of the victimized party until the repayment of the obligation is completed.

Nevertheless, around April 29, 2016, the Defendant, in violation of the foregoing duties, transferred 50,000 won (C-Frale C-Frale Pres (Manufacture No. : Manufacturing number: G, H, I, J, K, and K) to the K C C C et al., a total of KRW 436,00,00 (purchase price) constituting a factory foundation which is the object of the victim’s right to collateral security, and disposed of at least 180,20,000 won.

Accordingly, the Defendant acquired pecuniary benefits of KRW 180,200,000 from the sales proceeds of the above five machinery, and caused the damage to the victim, whose collateral value of the right to collateral security amounting to KRW 436,00,000,000, was reduced.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police statement protocol concerning L;

1. Application of each of the Acts and subordinate statutes stated in a loan agreement, a written loan agreement, a notice of deposit status by recipient, a written notification of information on completion of registration and completion of registration, a written contract for creation of a collateral security, an additional contract for creation of a collateral security, a written contract for creation of a collateral security right, a written contract for alteration of a collateral security right / [ Machines and instruments] appraisal statement, confirmation certificate, loan management ledger, appraisal statement, details of tax contract, and inquiries

1. Relevant legal provisions of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts [the scope of applicable sentences under law] from one month to five years of imprisonment [the type of embezzlement and breach of trust].