A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 1, 2012, the Defendant: (a) borrowed KRW 2 billion from the same branch of the Bank of Korea located in Gwangju-gu, Gwangju-do; and (b) set the creditor’s Industrial Bank of Korea and the maximum debt amount equivalent to KRW 9.66 million on the land located in Jeonnam-gun, Jeonnam-gun; and (c) set the creditor’s Industrial Bank of Korea and the maximum debt amount equivalent to KRW 2.64 million on the same land on June 4, 2012; and (d) set the collateral on the same land on January 7, 2013, additionally set the collateral under the Act on Mortgage on Factory and Machinery and on the Mining Foundation.

In such a case, even though the Defendant had the duty to keep the machinery created a factory mortgage as a good manager until the debt is repaid, the Defendant voluntarily transferred the amount equivalent to 384,319,000 won of the 60 machinery established for the Industrial Bank of Korea on October 2014, which was kept in the above C factory, for the repayment of debt, and thereby acquired the same amount of property profit and sustained property damage equivalent to the same amount of the 384,319,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of F's statement;

1. Details of voluntary removal machinery, an appraisal report, a collateral security, and a statement of computation of claims;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. The relevant legal provisions on criminal facts and the reasons for sentencing of punishment under Article 355(2) and Article 355(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] [10 million won to be less than 500 million won] [1-3 years] of the basic area (1-year and less than 100 million won] [the decision of sentencing] [the defendant did not have any previous criminal records other than the fine due to the violation of the Clean Air Conservation Act in 2012, and the defendant recovered part of the goods taken out, but the defendant recovered part of the goods taken out, but the victim wanted to punish the defendant as the victim did not recover most of the damages.