A person who commits any of the crimes of Articles 1 through 3 in the judgment of the defendant shall be punished by imprisonment with prison labor for not less than two years and by imprisonment for not more than six months.

Punishment of the crime

[Criminal record] On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months of imprisonment with prison labor due to the commission of alteration of private documents in the Daegu District Court Kimcheon Branch, and the judgment became final and conclusive on October 24, 2014.

[2015 Gohap 147]

1. The defendant is a person who has been engaged in the business of operating the company and the business of managing funds while working as the representative director of C Co., Ltd.

On February 20, 2009, the Defendant borrowed 1.296 billion won from the Industrial Bank of Korea to purchase 1.3 billion won, and set up a collateral security interest of 1.3 billion won with respect to the above machinery, in order to purchase 1.2 billion won, the Defendant borrowed 1.2 billion won from the Industrial Bank of Korea to purchase 1.2 billion won from the old and American Industrial Bank of Korea's branch of the Industrial Bank of Korea (CNC-3040E).

Since the defendant borrowed KRW 1.296 billion from the injured party in accordance with the above agreement, the defendant had a duty to manage the above machinery provided as security in accordance with its security purpose.

Nevertheless, the Defendant’s indictment on December 7, 2009, which was written on December 11, 2009, is apparent that it is a clerical error in the phrase “............,” which is the date on which the sales contract was concluded,” and thus, corrected.

The security value of KRW 650,000 has been reduced by arbitrarily disposing of one of the machinery of the vertical transition team equivalent to KRW 650,000,000 in the market price.

Accordingly, the defendant acquired property benefits equivalent to KRW 650,000,000,000 in total of the security value of one of the above machinery, and suffered damages equivalent to the same amount to the victim.

2. The Defendant in occupational breach of trust borrowed KRW 1.296 billion from the Industrial Bank of Korea in order to purchase a line machine (CNC) for vertical transition from a factory machine (VTB-160E) at the same time and place as in paragraph 1, and set up a collateral security right of KRW 1.3 billion with respect to the said two parts of the machinery (CNC).

Defendant 1,200,000 won from the injured party pursuant to the above agreement.