A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

As the representative director of the limited company C, the defendant is a person in charge of overall management of the company, such as asset management and fund management of the company.

On July 11, 2013, the Defendant: (a) obtained a loan of KRW 250 million from a new bank that was a person who suffered damage at the 140 new bank Chang-dong branch in Changwon-si, Changwon-si; and (b) concluded a contract for collateral transfer of movable property for all of the shower equipment equivalent to KRW 800,000,000,000, the market price of the above C owned.

Under the above contract, the Defendant had a duty to keep the object of transfer security in good faith until full repayment of all of the loan, so that the victim of the transferor’s security interest can achieve the purpose of transfer security.

On March 24, 2014, the Defendant, despite having failed to fully repay the loans in violation of the above duties, sold the shower principal body to the members of the Co., Ltd. Co., Ltd. in the amount of KRW 220,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

As a result, the Defendant violated his duty as a transferor collateral and sold the subject matter of transfer collateral, thereby acquiring property benefits equivalent to KRW 283 million, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a complaint, letter, copy of transfer security contract, copy of credit transaction agreement (for enterprises), statement of loans by period (C), electronic tax invoice, and transaction statement;

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing guidelines [Type] Embezzlement 2 (Determination of the sentencing guidelines between KRW 10 million and below KRW 500 million) (Determination of the recommended territory] Basic field of embezzlement and breach of trust / [the scope of the recommended sentence] 1 year to 3 years [the suspension of execution].