A defendant shall be punished by imprisonment for six months.

However, 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 the representative of C Co., Ltd. who mainly engages in automobile parts and machinery manufacturing business.

On May 22, 2014, the Defendant offered two PRES machinery (the first representative of C) as security by taking out loans of KRW 90 million from the Industrial Bank of Korea at the two-lane 125 and 1,000,000,000 from the date the Industrial Bank of Korea was established in Daegu-gun District Industrial Bank of Korea (former) on the two-lane 1, 205 and 1,000,000 won, and used as the means of occupancy or alteration. On June 12, 2014, the Defendant took office as the representative of C above, and continued to use the said loans and the transfer of security by taking over the said obligations and the transfer of security.

Therefore, the defendant has a duty to keep and manage the above PRES as a good manager's duty of care so that the victim can achieve the purpose of the above transfer security.

Nevertheless, on December 17, 2014, the Defendant violated his duties and transferred one of the above PRESS machinery (WS-200N) to F as debt repayment, and transferred one of the PRESS machinery (for a pair of manufacturing, model name CS-150) to BS capital at the same place as at the end of December 2014.

Accordingly, the defendant acquired the above machinery's security value of 87,50,000 won and suffered the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Relevant Article 355(2) and (1) of the Criminal Act (including the occupation of breach of trust), and the choice of imprisonment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommending punishment] No basic area (4-100 million won) [the special person] [the decision of sentencing] [the amount of damage caused by the Defendant’s crime is equivalent to KRW 87.5 million and the damage recovery has not been recovered. However, the Defendant is the Defendant who is difficult for the Defendant to work as a factory.