A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 14, 2012, the Defendant, who is engaged in the industrial machinery processing business with the trade name of Kimhae-si C, purchased 170,000,000 won from the victim Busan Bank and offered the machinery as security for transfer to the victim, and thus, the Defendant had a duty to manage the said machinery with due care as a good manager so as not to infringe on the victim’s right to collateral security until the loan is repaid.

Nevertheless, on January 24, 2013, the Defendant received 91,000,000 won and sold the said machinery to E while the principal was not repaid at all, thereby acquiring pecuniary benefits equivalent to the above loan amount and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the injured company has repaid 17 million won to the injured company, that has subrogatedly repaid 30 million won to the injured company, and that the Korea Technology Finance Corporation has agreed to make a regular installment payment with the Korea Technology Finance Corporation);

1. Social service order under Article 62-2 of the Criminal Act;