A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[200 million won was loaned from the Korean National Bank Co., Ltd. at the starting point of the Korean Bank Co., Ltd., the Defendant, around June 24, 2010, at the time of Sinsi-dong 1734-1, the Defendant offered one of the CNC machine learning center ( model number: VM - 750L) owned by the Defendant, which was established in Incheon Western-gu, for the purpose of securing its obligation.

Accordingly, although the Defendant had a duty to keep the said machinery with the care of a good manager for the victim until he/she repaid the obligation to the victim, the Defendant violated his/her duty and sold the said machinery at the above E office around October 12, 2012 to a heavy and high-ranking trader and sold the said machinery at the above E office to 15 million won, thereby acquiring property gains equivalent to 15 million won at the market price of the said machinery, and the said victim suffered damages equivalent to the said amount.

[2013 Highest 982] On November 10, 2010, the Defendant borrowed 30 million won from the Bank of Korea located in Seocheon-gu, Seocheon-gu, Seocheon-gu, 381 at the Industrial Bank of Korea branch of the Bank of Korea located in Seocheon-gu, Seocheon-gu, Incheon for the purpose of securing its obligation, provided 5 points for security transfer to the victim, such as debling machines installed within the "E of Defendant's operation" in Nam-gu, Incheon for the purpose of securing its obligation.

Accordingly, the Defendant had a duty to keep the said machinery with the care of a good manager for the victim until he/she repaid his/her obligation to the victim. However, on October 2012, the Defendant sold the said machinery at the office of “E” located in Seo-gu Incheon, Seo-gu, Incheon, in violation of his/her duty to a seller of the said machinery to a seller of the said machinery, thereby obtaining pecuniary gains equivalent to KRW 20 million at the market price of the said machinery, and the said victim suffered a loss equivalent to the said amount.

Summary of Evidence

[2013 Highest 719]

1. The defendant;