A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On October 23, 2018, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution on the grounds of occupational embezzlement in the Seogu District Court’s Seo-gu Branch. The judgment became final and conclusive on October 31, 2018.

【Criminal Facts】

The defendant is a person who operated E in C and Daegu-gu, Daegu-gu, a corporation located in Daegu-gu B.

On October 20, 2017, the Defendant: (a) at a law firm G branch located in F in Seogugu, Daegu; (b) as security of KRW 136,240,795, the Defendant drafted a notarial deed of a contract for debt repayment of security transfer to the obligee, until the obligee and the obligor transfer the ownership of KRW 136,240,795, the amount of goods to be borne by the victim H and the Defendant against the victim, and the ownership of KRW 36,240,795.

Therefore, the Defendant fulfilled his duty of care as a good manager until he repaid the above obligation with the victim, and had a duty to keep the above public machinery, which is a transfer security, for the victim.

Nevertheless, on October 27, 2017, the Defendant violated his duties and provided 8 CNC machinery among the above CNC machinery as a security for transfer to K, which is the Defendant’s creditor, as a result of the auction procedure conducted on April 9, 2018, by having K sold the above machinery to K to another place and let it carry it out to the other place, thereby incurring property damage to the victim, which would lose the security for the loans of KRW 136,240,795, and at the same time obtain property profit equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including L/L statements);

1. A protocol concerning the examination of each police suspect against M or K;

1. Each police statement made to N and H;

1. A complaint, a notarial deed of a contract for repayment of debts by means of transfer (1), a notarial deed of a contract for repayment of debts by means of transfer (2), a corporeal movables provisional auction, and a statement of repayment of debts;

1. The investigation report (No. 2, 4, 8).