A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the operator of the Motor Vehicle Parts Manufacturing Business Co., Ltd. in Kimhae-si.

On October 2, 2013, when the Defendant entered into a contract for the establishment of a right to collateral security with D Co., Ltd. on the obligations of existing loans, the Defendant provided two points of C.N.C. C. & 1644,00 won (on each market price of 3,164,80,000 won) and one point of the non-learning center machine (on each market price of 5,0480,000 won) as joint collateral in the above C’s land for factory as joint collateral. As the Defendant completed a registration for change of the right to collateral security with the Defendant and the mortgagee, the Defendant, the obligor, and the mortgagee, had the duty to keep the said collateral in order for the mortgagee to achieve the purpose of collateral.

Nevertheless, around December 2014, the Defendant sold 22,00,000 won in cash to the above C factory, and one of the above collateral, which was 1,000 won for the used machine business operator with no name, among the above collateral.

As a result, the Defendant concealed one point of the non-standing center machine, which was the object of the rights of the victimized company, thereby hindering the exercise of the mortgage by the victimized company, and at the same time, violated its duties, thereby acquiring property benefits of 22 million won and causing property damage equivalent to the same amount to the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, a contract to establish a mortgage, a statement of credit transaction status, and a credit transaction agreement, the list under Article 6 of the Act on Mortgage on Factories and Mining Foundations, the statement of appraisal of machinery, tools, photographs, copies of appraisal report, and the application of the relevant mechanical

1. Article 355(2) and (1) of the Criminal Act and Article 323 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall be the embezzlement and breach of trust.