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

The defendant is a director of C in-house corporation established for the purpose of manufacturing printed circuit board.

On October 12, 2015, the Defendant provided C-owned real estate (No. 118 of the D-owned building No. 118 of the Silung-si) and machinery apparatus ( No. 5 of the typeet 1) operated by the Defendant as the object of factory mortgage under the Factory Mortgage Act, by obtaining a loan of KRW 1.1 billion from the damaged party at the business establishment of the Silung Financial Center in the Silung-si, Inc., a new commercial center in the Silung-si (Yangdong-dong).

As above, the Defendant provided the above machinery apparatus to the victim as the object of a mortgage, and thus, the Defendant had a duty to preserve the object by fulfilling the duty of due care of a good manager for the victim until the victim pays the loan to the victim.

Nevertheless, on July 19, 2016, in violation of the above duties, the Defendant provided three parts of the appraisal of the stud-type type installation (WFP-091012, WFP-091013, WFP-09101014, WFP-091014) out of the machinery apparatus as security at the 139.2 million won.

As a result, the Defendant acquired the financial benefits equivalent to the sum of three appraisal of the above-mentioned type attached to us Co., Ltd., and suffered property damage equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Some statements made to G in the police statement protocol;

1. A complaint, a credit transaction agreement, a mortgage creation contract, a business registration certificate, a list of machinery and equipment requests, a list of facilities, and a written consent to provide facilities;

1. The application of Acts and subordinate statutes to each investigation report (for example, 23,24) at a moment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 2 of the Criminal Act (the amount between 100 million and 500 million won).