A defendant shall be punished by imprisonment for six 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

On November 26, 2010, the Defendant extended a loan of KRW 98 million from the Victim Industrial Bank of Korea to small and medium enterprise facility funds (use of purchasing machinery) from the Victim Industrial Bank of Korea, and transferred each of the above machinery to the victim as collateral, and the Defendant continued to use the machinery by way of occupancy revision. As such, the Defendant fulfilled his duty of care as a good manager to keep and manage each of the above machinery in order to ensure that the victimized party can achieve the purpose of transfer security.

Nevertheless, on December 2012, the Defendant violated the aforementioned duties, and transferred the above each machine to the Defendant’s factory operated by Pyeongtaek-si B, in which the said machine is located, the Defendant acquired financial gains equivalent to KRW 98 million, which is the sum of the market price of each of the above machines, and suffered financial losses equivalent to the same amount as the victim sustained.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation forms and accompanying documents (transfer security contracts, requests for reinstatement, and surveys on the actual status of securities);

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

1. Determination on the application of the sentencing guidelines for the reasons for sentencing under Article 62 (1) of the Criminal Act in the suspended sentence: The scope of the recommended sentencing guidelines for the applicable O: consideration of all the circumstances, including the fact that there exists no criminal history exceeding the fine of April 1 to April 1) the basic area (not exceeding 100 million won).