A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant was the representative director of the Corporation D, which was located in Daegu-gu C.

On July 28, 2014, the Defendant provided the machinery owned by the said company as collateral and applied for a loan to the victim at a point outside the Daegu Bank Co., Ltd. located in Daegu-gu, Daegu-gu, 405, including the factory site, factory and RapD Dyeing M/C two ( Model name: OWDM 1200, 1TUBE) operated by the Defendant at a point outside the territory of the said company, Daegu-gu, Daegu-gu, Daegu-gu.

However, in fact, the defendant could not offer as security the same as the above Rapdying M/C 2 (the model name: OWDM 1200 2TUBE, 1TUBE) and the reduction of amount, since the defendant was the owner of the effective capital company from September 6, 2013 to the Hapth Capital Co., Ltd.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 300 million to the Daegu Bank account in the name of D Co., Ltd. on the same day from the victim.

2. On May 2, 2013, the Defendant: (a) extended a loan of KRW 2.760 million from the victim bank at a point outside the Daegu Bank on May 2, 2013; (b) provided all of the machinery, including the Defendant’s factory, factory site, and Jger Dyeling M/C, and Rotasher, owned by the said company as collateral to the victim bank; (c) extended a loan of KRW 300 million from the victim on July 28, 2014; and (d) set up a collateral security (hereinafter referred to as “factory mortgage”).

Nevertheless, the Defendant, at around November 2014, removed the above company from the method of selling name irger Dyeing M/C, Rotara and upper sub-sacacacacacacacacacacacs to an insanee, a defendant who was the object of mortgage over the factory of the victim bank.

Accordingly, the defendant's goods worth 25,800,000 won at the market price, which is the object of the victim's rights.