A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who has operated metal processing companies with the trade name D located in Busan-gu C.

On November 21, 2007, the Defendant borrowed money at the premises of the above factory and provided machinery such as buildings and CNC lines installed within the factory as security, and completed the registration of establishment of a neighboring mortgage on the factory and mining foundation under the Factory and Mining Foundation Mortgage Act to the victims.

Although the Defendant had the duty to keep the collateral as collateral in order for the victim, who is the right to collateral security, to achieve the purpose of collateral, violated his duty and sold three of the CNC preferences to non-defluences in early 2010, and transferred to a third party the movable property constituting a factory foundation, which was the object of the mortgage, by arbitrarily disposing of ten of the CNC preferences (a total of 467,375,00 won at the time of the loan) between around that time and around May 2012, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 355 (2) and (1) of the Criminal Act, and Article 60 (1) of the Act on Mortgage on Factories and Mining Foundations, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent offenders, there are circumstances unfavorable to the Defendant, such as the fact that even considering depreciation reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the amount of damage appears to be reasonable even if considered, and that the damage was not agreed with the victim and the damage was not recovered. The Defendant’s mistake is divided and reflected, and the Defendant’s financial status has deteriorated due to exchange rate rapidly following the request of the victim, and disposes of part of the machinery to use it in the process.