A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant operates a manufacturing company called C in Mosung City B.

On October 19, 2012, the Defendant borrowed money from the Industrial Bank of Korea for the purpose of purchasing raw materials for the above C on or around October 19, 2012, the Defendant provided 13 factory machinery units equivalent to the total market price of KRW 34,083,00, which is owned by the Defendant, as collateral to the victim and prepared a contract for the creation of collateral security rights at around that time. As such, the Defendant had a duty to keep the above factory machinery units for the sake of the secured party until repayment of the loan was made.

Nevertheless, on May 4, 2015, the Defendant: (a) at the office of the above C on May 4, 2015, transferred to D and E the power source (HCP-200) 200 tons (HNCP-200) provided as security to the victim in lieu of paying the debt; and (b) disposed of such as transfer of factory machinery from December 29, 2014 to May 25, 2015; and (c) obtained pecuniary benefits equivalent to KRW 107,101,00, the total market price of the factory from May 29, 2014 to May 25, 2015; and (d) suffered damages equivalent to the same amount to the

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Grounds for sentencing under Article 355 of the Criminal Act and Articles 355 (2) and 355 (1) of the Criminal Act (Options of imprisonment with prison labor) of the same Act concerning the relevant criminal facts;

1. Application of the sentencing guidelines [type determination] : Embezzlement Embezzlement Offense; Misappropriation Offense; Type 2 (at least KRW 100 million, less than KRW 500 million) / None of [the territory of recommendation and sentencing of recommendations] ; 1 year and -3 years of imprisonment;

2. Determination of sentence: A sentence of imprisonment with prison labor for one year is recognized and the circumstances in which the defendant recognized the crime of this case and repented wrong facts are recognized.

On the other hand, by transferring 13 factories machinery offered as security without permission, the victim suffered damage from KRW 100 million.

In addition, the responsibility should not be strictly held in that the damage has not been recovered.