A defendant shall be punished by imprisonment for one year.

Punishment of the crime

From around 1988 to 2009, the Defendant was engaged in mechanical processing business with the name of “C” in Gangseo-gu Seoul, Gangseo-gu, Seoul. On November 13, 2007, the Defendant entered into a ownership reservation contract with “CNC Automatic Line SA38e” machinery for the purpose of use at the above company and “CNC Automatic Line SA20e” machinery with “CNC Automatic Line SA20e” machinery for the purpose of reservation of ownership until the payment of the balance, and paid all balance of the above three machinery in D around March 25, 2008.

On July 25, 2008, the Defendant entered into a loan agreement for consumption of security by means of transfer with the victim’s national bank (hereinafter “victim company”) located in Jung-gu Seoul, Seoul, Seoul, and took out KRW 250,000,000 from the victim company, and provided two of the CNC A38e machinery as security for transfer to the victim company. On March 4, 2009, the Defendant provided 75,000,000 additional loans from the victim company at the above-mentioned corporate financing branch of the victim company, and provided 1 machinery of “CNC A20e” as security for transfer to the victim company.

Therefore, according to the above security agreement, the Defendant performed a fiduciary duty on behalf of the victim company for the purpose of achieving the purpose of security, and used, preserved and managed the three above machinery of the object of security transfer within the ordinary use or business scope, and did not unfairly reduce the value of the security by disposing of it.

Nevertheless, in violation of the above duties, the Defendant, by selling the three above machinery units of December 23, 2009 to F 228,800,000 won for the actual representative of (ju) E, who is a seller of used machinery, on December 23, 2009, acquired pecuniary benefits equivalent to KRW 140,508,604 of the secured claim secured by the three above machinery units, and at the same amount to the victim company.