A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 24, 2014, the Defendant obtained a loan of KRW 100 million from the Victim Nonghyup Bank Co., Ltd., and provided the Victim Company with one agricultural machinery (a model CALED M/C) equivalent to KRW 160 million at the market price owned by the Defendant as collateral. As such, the Defendant had a duty to preserve the said agricultural machinery until the repayment of the loan was made in compliance with the purpose of collateral.

Nevertheless, on July 31, 2014, the Defendant transferred the above agricultural machinery to D in a "C" plant of the defendant's operation in Daegu-gu, Daegu-gu, to D in KRW 100 million, thereby obtaining financial benefits equivalent to KRW 100 million and causing damage equivalent to KRW 100 million to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A credit transaction agreement, a transfer security agreement, and a credit guarantee;

1. To report on investigation (verification of the disposal of securities), and to apply tax invoices-related statutes;

1. Article 355 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (Article 62(1)3 of the Criminal Act is against the Defendant’s consent to commit the instant crime, the repayment of a total of KRW 50 million out of the amount of damage, the first offender, and other circumstances shown in the pleadings of the instant case);