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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of C corporation.
1. On June 26, 2008, the Defendant borrowed KRW 245,00,000 from the trading point of the victim Daegu-si Bank in Daegu-si, Daegu-si, for the said company’s corporate fund, and on security against this, set up a right to collateral security under the former Factory Mortgage Act with the creditor as the victim bank against the two machinery, including high temperature of KRW 50,000,000, the assessed value of which is equivalent to KRW 50,000.
As above, the Defendant had the duty to keep the said secured object in line with the secured purpose until the repayment of the obligation was made, because the Defendant ordered the victim bank to set up a security right.
Nevertheless, on December 19, 201, the Defendant violated his duties and did not pay KRW 196,00,000 out of the secured debt of KRW 245,00,000,000 (the maximum debt amount of the right to collateral security shall be KRW 1,50,000) and sold the above high temperature machinery to the Dokndong-gun D Co., Ltd. at KRW 15,00,000, to the victim bank, thereby having C gain pecuniary advantage equivalent to the above amount, and caused damage to the victim bank.
2. On November 15, 2010, the Defendant borrowed KRW 250,000,000 from the above company’s corporate funds from the victim bank, and as a security therefor, set up a collateral security right pursuant to the Factory and Mining Foundation Mortgage Mortgage Act, with the creditor as to the machinery with Aluminium amounting to KRW 258,614,00, the assessed value of which is equivalent to KRW 258,614,00.
As above, the Defendant had the duty to keep the said secured object in line with the secured purpose until the repayment of the obligation was made, because the Defendant ordered the victim bank to set up a security right.
Nevertheless, the Defendant violated his duty and did not pay KRW 175,00,000 out of the secured debt of KRW 250,000,000 on December 20, 201.