A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in the old city B.

On September 17, 2010, the Defendant entered into a mortgage contract with the victim Daegu Bank Co., Ltd., Ltd., Ltd., as to the five machinery equipment, such as the Daegu Bank Co., Ltd., a 996m2 and the “Maching Agent,” located within the factory in the office located in the Gu-U.S. Daegu Bank, Daegu-si, Daegu-si, 834-5 located in the Gu-si, Daegu-si, Daegu-si, 834-5 on September 17, 2010, and received a loan of KRW 1,236,00,000 from the victim on the same day, and thus, there was a duty to keep the said machinery and equipment for the purpose of security until the victim fully pays his/her debt.

Nevertheless,

1. On August 9, 2012, the Defendant, in violation of his/her duties, sold one Maachlinger’s machine and one cNC lath machinery at the above C plant, which is subject to the right to collateral security, to D’s employees, and received KRW 123,20,000 on August 9, 2012, and received KRW 50,000 on August 16, 2012, KRW 50,000 on August 16, 2012, KRW 12,00,000 on August 16, 2012, and KRW 11,20,000 on August 27, 2012 from each of the above C’s accounts.

As a result, the Defendant obtained the benefit of 123,200,000 won from the above D, and the victim suffered a loss equivalent to the same amount.

2. On October 5, 2012, the Defendant, in violation of his/her duties, sold one of Lath machinery and one of tilling machinery, on which the said right to collateral security was established, to an employee in the name of the said D, and received KRW 19,800,000 on the same day from the said C’s account under the name of said C.

As a result, the defendant acquired the above D's profits equivalent to 19,800,000 won in total, and suffered damages 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. A complaint;

1. A copy of the statement of account transactions, a copy of the contract (C Business), a copy of the decision of provisional attachment of claims, a copy of the notice of scheduled execution of auction, a copy of the subrogated repayment certificate; and