A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person in charge of overall management of the company, such as management of the company's assets, fund management, etc., while operating the gold-type manufacturing company D in Gwangju Mine-gu C.

On December 29, 2008, the Defendant: (a) concluded a transfer security agreement with the maximum amount of KRW 200 million for loans 200,000,000,000,000,000,000 won, which is established in the Defendant’s company, at the headquarters in Gwangju Mine-gu, Gwangju Regional Headquarters for the Victims’ Bank of Korea; and (b) concluded a transfer security agreement with the maximum amount of KRW 200,000,000,000,000,000,000 for loans 20,000

As above, the Defendant provided the above company’s property as a security for transfer to the victim, and the Defendant had a duty to preserve the property transferred for transfer with the duty of due care of a good manager as a representative of the above company until the victim repaid the above loan.

Nevertheless, around September 26, 2011, the Defendant sold at KRW 1350 million in total, one unit of CNC Sup bargaining center and one flat searcher offered as security for transfer to F representative G of Gwangju North-gu, Gwangju, as above.

Accordingly, the Defendant violated his duty as a person who has established the security for transfer, thereby acquiring property benefits equivalent to KRW 135 million by selling the said security subject matter, and causing property damages equivalent to the same amount to the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement related H;

1. A list of machines and instruments, pursuant to Article 6 of the Factory and Mining Foundation Mortgage Act;

1. Contract;

1. A detailed list of machines, tools and structures evaluation;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (2) of the Criminal Act which choose a penalty;

1. The reason why Article 62(1) of the Criminal Act confessions and reflects the defendant, and the transfer security of this case was disposed of, and the reasons why the transfer security of this case was disposed.