A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is the actual representative of E.

On April 21, 2010, the Defendant entered into a loan contract for small and medium enterprise facility facilities with the Industrial Bank of Korea located in Gyeonggi-si, Gyeonggi-si, 187, and set up a collateral security against the Defendant’s factory site and building operated by the Defendant, and against the 11st unit of CNC line machinery in that year, the Defendant set up a collateral security against the victim, and the same year.

6. In addition, since the Defendant created a right to collateral security on the fourth line machinery of CNC, the Defendant had a duty to preserve and manage the CNC line machinery which is the object of the said right to collateral security on behalf of the victim.

1. Nevertheless, on October 2010, the Defendant violated the foregoing duty and sold 30 million won in cash to a company of mutual incompetence, the object of which is the right to collateral security, in violation of the said duty.

2. Nevertheless, on July 2011, the Defendant violated the foregoing duty and sold three of three million won in cash to a mutual incompeting company E, which is located in the Gyeonggi Kim Jong-si, the object of the said right to collateral security, in violation of the said duty.

3. Nevertheless, on March 10, 2015, the Defendant violated the foregoing duties, and sold in cash 1.5 million won, 9 lines of CNC, the object of which is the right to collateral security, to G from E located in Gyeonggi-si F on March 10, 2015.

After all, the defendant acquired property benefits equivalent to 130 million won in total, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A list of factory mortgage laws, a financial transaction certificate, a sales contract of goods and a mortgage contract;

1. Details of appraisal of machinery, tools and structures, surveys of the commencement of legal procedures, and application of statutes on site photographs;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.