A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who operates a stock company B.

On April 16, 2012, the Defendant: (a) concluded a contract to establish a mortgage agreement with the Industrial Bank of Korea, such as the Bank of Korea and the Bank of Korea set at KRW 2.4 billion; (b) and (c) a factory site, such as Ulsan-gun and Ulsan-gun, which is owned by B and its ground factories as collateral; and (c) received a loan of KRW 3.48 billion from May 25, 2012 to May 19, 2017.

Therefore, even if the Defendant had a duty to keep a collateral until the time when the victim bank repaid its loan obligation, the Defendant breached such duty. At the office of the B Co., Ltd. located in Ulsan-gun, Ulsan-gun, U.S. on June 28, 2017, the Defendant served as an employee of the said company the sum total of the value of the NCPNCHING M/C 1st, the pressure-type cutting machines (9T x 3,100m) from among the machinery and instruments provided as security to the victim bank, one flexible-type 1, the shock-type 1 (T x 6 x 2,100m) from among the machinery and instruments provided as security (T x 2,100m) and one flexible-type 1, CNCCO2LIN M/C 1 appraisal amounting to KRW 200,370,000,000.

D transferred retirement benefits to 68,545,782 as offset.

As a result, the defendant acquired the same amount of monetary benefits and suffered damages equivalent to the appraised value from the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the provisions of Part III Acts and subordinate statutes to the accusation, list of credit transaction conditions, draft form, confirmation of severance from employment of the insured, contract for sales of machinery and tools, complaint forms, and copies of credit transaction agreements;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [types] : (a) type 2 (the period between 100 million and less than 500 million won) [person subject to special sentencing] - The scope of mitigation [the scope of recommendation] mitigation area / 6 months to 2 years [the scope of recommendation] mitigation area / 6 months to 3 years [the person subject to general sentencing] - Suspension of execution where the mitigation element is not an occupational embezzlement or breach of trust (the suspended execution).