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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of the corporation C in Ulsan-gu, Ulsan-gu, who is engaged in the business of manufacturing motor vehicle parts by employing 18 full-time workers.
"2019 Highest 1151"
1. On March 25, 2015, the Defendant: (a) borrowed KRW 2.477 million from the E bank located in Ulsan-gu, Ulsan-do; (b) concluded a mortgage agreement with the third unit of the E bank building C as collateral; (c) land; (d) factory and mining foundation mortgage agreement with a factory machinery listed in list 2015-172 of the list of Article 6 of the Act on Mortgage of Mining Foundation as collateral; and (e) in such a case, the Defendant breached his/her duty despite the duty to keep factory machinery until the time of the repayment of the obligation, in violation of the said agreement, sold 11,395,00 won at the market price of 11,395,00 won from the relevant factory machinery to G; and (c) acquired property damage equivalent to the total amount of KRW 130,500 from August 5, 2016 to July 14, 2018, and disposed of the same amount equivalent to KRW 1305,000.
"2019 Highest 1933"
2. On September 28, 2017, the Defendant entered into a financial lease agreement with the victim company as to five presses, including three presses machines (F, J, and K) produced by I in tin, on the part of the employees of the victim H Co., Ltd. at the above C office, to the effect that “the Defendant would purchase necessary presses machinery in the Co., Ltd. at the Co., Ltd., Ltd.,” and that “the financial lease agreement was concluded between the victim company and the 36-month period.”
However, in the situation of financial difficulties, such as delayed payment of wages, the Defendant used three presses machines, which have no length to prepare funds by means of normal methods such as lending of financial institutions, etc., and used them to purchase the actual presses machines or to offer them as security.