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 became final and conclusive.

Punishment of the crime

The Defendant is a person who has operated a textile manufacturing business under the trade name of “C” in G, G, B, G, and the Defendant.

On October 14, 2013, in order to secure loan obligations equivalent to KRW 27,8350,000,000 of the market price, the Defendant provided KRW 27,8350,000 to the employees of the sales division of the Daegu Bank of Daegu to secure the Defendant’s loan obligations equivalent to KRW 450,000,000, the Defendant provided the Defendant with the said “C” office as collateral. Accordingly, the Defendant had the duty to preserve and manage the said machinery, which is a collateral, until the said collateral is realized, such as paying the loan.

Nevertheless, the Defendant, in violation of his duties, disposed of all of the aforementioned 25 machinery between the Haman and the Haman from October 2013 to January 2014, and acquired property benefits equivalent to KRW 27,835,000, and suffered property damages equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into details of transactions;

1. A contract for security for transfer;

1. Application of Acts and subordinate statutes concerning machinery and tools;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a significant damage has been restored to the mitigation area (six months to two years), in the mitigated area (six months to two years), the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the scope of the punishment shall be more than 100 million won, but less than 500 million won);

2. Determination of sentence - Unfavorable circumstances: The Defendant committed the instant crime by disposing of the machinery that the Defendant provided as transfer security in violation of trust relationship with the victim - favorable circumstances: The victim acquired a mortgage not only on the transfer security of the instant machinery as well as on the real estate equivalent to 400 million won at the market price as a security for loan obligation, and thus, the damage actually incurred to the victim due to the Defendant’s breach