A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

The Defendant is a person who operates a gold-type manufacturer with the trade name of “B.”

1. "2018 Highest 3722";

A. On September 8, 2016, the Defendant purchased 145,000,000 MYX 7500,000, market price at a factory in Seo-gu Incheon, Seo-gu, and B located in the first floor, and received loans from the Industrial Bank of Korea from the victims to secure the above loans, and set the collateral amount of KRW 130,00,000 for small and medium enterprise facility funds at KRW 156,00,000 for the above loans, and set up a collateral for transfer with the victim as the right holder.

Therefore, the defendant had a duty to keep the above machinery with the duty of due care as a good manager so that the victim, who is the creditor, can achieve the purpose of security.

Nevertheless, the Defendant violated the above duties and transferred KRW 82,50,000 from the representative director E of the D Co., Ltd. at the above B factory on January 10, 2017 to the F account (G) in the name of the Defendant, and arbitrarily sold the said machinery, thereby acquiring financial benefits equivalent to the above purchase price and causing damage equivalent to the same amount to the victim.

B. On January 19, 2018, the Defendant: (a) at the B office located in Ha on 19:30 on 19:1, 2018, the Defendant: (b) “The Defendant was the Plaintiff, the head of the business management team of the victim IE; (c) one of the K K LS bargaining center of the M M company’s NS bargaining center; and (d) one of the M company’s NS bargaining machines leased from O remains at least KRW 70,000,000.

The above three machines were said to be sold in total in KRW 168,300,000.

However, from among the machines that the Defendant agreed to sell to the victim, K company L S-learning Center and M company N-learning Center did not own the Defendant’s machines from P Co., Ltd., and the aforementioned two machines had already been sold to E as referred to in paragraph (a). Thus, even if the Defendant received the down payment from the injured party, the said machines are deemed to have been sold to E.