A defendant shall be punished by imprisonment for not more than ten 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, who was in office as an internal director with the authority of representation of “C” (hereinafter “C”) of “C” (hereinafter “C”), and was in general in charge of management affairs, such as the operation of the said company.

The Defendant took out a total of KRW 2,395,118,181 from February 14, 2012 to July 6, 2017 from the Industrial Bank of Korea (hereinafter “victim Bank”) and entered as security 47 in the facts charged of machinery type 14, including a factory at the location of the said stock company C and its site, and a light-to-land air at the factory. This seems to be the sum total of 35 items of machinery indicated in the list of machinery, apparatus and structures (around 17 pages) attached to the written contract to establish a right to collateral security.

However, compared with the appraisal statement (164 pages), some of the above 35 items (3,4,12) were missing at the time of the appraisal base date (29 December 29, 2014) and all of these 14 items overlap with other items in the same list. However, the existing machinery in the factory in the ruling at the time of the establishment of security seems to have been only 14 items.

The defendant, who is the representative director of the above company, has a duty to fully preserve the property value of the collateral in order for the victim bank to achieve the purpose of the collateral.

Nevertheless, around May 2016, the Defendant: (a) removed cNC machinery and appliances (attached Form No. 7) in the company’s factory and OPC CNC machinery and appliances (attached Form No. 1, 2, 3, 6) in the “F,” which are companies collecting scrap metal; and (b) sold the equipment and appliances outside the cooperative equipment to the “E,” which are companies collecting scrap metal around October 4, 2016; and (c) sold the equipment and appliances outside the cooperative equipment and appliances (attached Form No. 1, 2, 3, and 6) to the “F,” which are companies collecting scrap metal machinery and retail.