A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant is a person who has operated “D” as a machinery parts manufacturing business entity in a building located in the window C of Changwon-si.

On June 12, 2013, the Defendant loaned KRW 180,000,000 to 180,000 as facility funds at the Dong-dong branch of the Gyeongwon-si, Changwon-si, and purchased one unit of CNC Line and one vertical machine learning center, and provided the said machine as security to the victim (owner).

Pursuant to the transfer collateral agreement, the Defendant fulfilled the duty of due care of a good manager to use, preserve, and manage the subject matter of the transfer collateral within the ordinary use or business scope, and when he/she intends to change the place, facilities, and other management methods of the subject matter of the transfer collateral, he/she has a duty to obtain prior consent from the creditor.

Nevertheless, on July 30, 2015, the defendant violated the above duties and voluntarily sold the above machinery to a person who is unable to know his name to the above D office.

As a result, the Defendant acquired the pecuniary benefits equivalent to KRW 135 million (the repayment of KRW 45 million out of the loan amount of KRW 180 million), which is the secured debt amount at the time of the above disposal act, and the victim suffered financial damages equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of accusation forms, credit transaction agreements, transfer security contracts, certified copy of the corporate registry, and business registration certificates, and statutes;

1. Article 355(2) and (1) of the Criminal Act regarding criminal facts, Article 355(2) of the same Act regarding the selection of punishment, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment with prison labor, which sold without permission the machinery that the Defendant offered as security to the victim incurred a large amount of loss, and the sentence of sentence is inevitable as a result of no damage or agreement has yet to be made until the date of the occurrence of the damage: Provided, That except for a case where a person was sentenced to a fine once due