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 became final and conclusive.

Punishment of the crime

The defendant is a person who operates a gold-type manufacturing and processing company C in Gangseo-gu Busan Metropolitan Government B.

On August 14, 2012, the Defendant obtained a small and medium-sized enterprise loan of KRW 250,000,000 from the Bank of Korea of the injured party, and as security therefor, offered Llaser M/C (products identification number: 65,260,000, and model name: Ma13030-7050D) equivalent to the market price of the C Co., Ltd. located in Gangseo-gu Busan Metropolitan City, which was located in Gangseo-gu, Busan, as security. As such, the Defendant offered the aforementioned loan as security, there was a duty to faithfully manage the security in order to achieve the purpose of the security until repayment of the loan is completed.

Nevertheless, on August 2015, the Defendant violated his duties and sold KRW 25,000,000 to the “E”, which is a used machine repair business entity, at the same place as above, and thereby, caused property damage equivalent to the value of the security to the victim bank and acquired property benefits equivalent to the said value.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a credit transaction agreement, a copy of a contract for the establishment of a collateral security right, a certified copy of movable property security register, and

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

1. Selection of imprisonment with prison labor chosen;

1. The fact that the Defendant did not fully repay the obligation of the instant machinery as security from the victim of the reason for sentencing under Article 62(1) of the Criminal Act, and that there was no agreement with the victim on this case, etc. is disadvantageous to the Defendant.

However, there are some points to consider the circumstances of crime, such as the transfer of the instant machinery to the self-help book in order to lease a factory due to the depression of the shipbuilding industry, and the interest on wages in arrears, retirement allowances, and loans of employees with the transfer proceeds of the instant machinery 25 million won.