A defendant shall be punished by imprisonment for one year.

Criminal facts

The defendant is a person who operated a shipbuilding machinery manufacturing company C in Busan-gu B.

1. Breach of trust;

A. On October 22, 2012, the Defendant: (a) borrowed KRW 200 million from the victim’s bank’s knife branch of the Defendant’s bank located in the Dondong-dong of Busan, with other financial facilities loans; and (b) agreed to repay loans in installments and pay monthly interest until September 25, 2020, which is the due date for payment; (c) concluded a security agreement with the victim with the Defendant on the NC Line PUA-4013 1 sets, a factory machinery of the Defendant, to secure the said loans; and (d) concluded a security agreement with the victim on the transfer of 2 knife, a total of 2 knife, a nC line LYX-2201 sets.

Therefore, until the repayment of loans is completed, the defendant has a duty to maintain the collateral value so that the victim can achieve the purpose of the security.

Nevertheless, on October 2016, the Defendant violated his/her duties and received 45 million won from a person who was dissatisfyed in C plant, and arbitrarily disposed of the above NC-C-ray LYX-220 1 sets, thereby obtaining pecuniary benefits equivalent to the secured amount of 2 sets of machinery, and causing damage equivalent to the same amount to the victim.

B. On April 8, 2016, the Defendant entered into a credit loan transaction agreement with the victim and agreed to borrow KRW 185 million from the victim and repay the loan in installments for three years at the Busan Regional Headquarters of the Victim Small and Medium Business Corporation located in 257 as the superintendent of the Busan District Office, and agreed to secure the above loan obligation, the Defendant created a mortgage on one machine of the vertical machine learning center ( Model MYX750/BT50/B50) established in the Defendant’s C factory in order to secure the above loan obligation.

Therefore, until the repayment of loans is completed, the defendant has a duty to maintain the collateral value so that the victim can achieve the purpose of the security.

Nevertheless, the defendant violated his duties and around December 2016.