A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2015, the Defendant offered 100,000,000 won to the victim as security at a factory operated by the Defendant, which is located in Changwon-si Member B, and the Defendant offered 10,000,000 won from the Defendant’s National Bank of Korea (VM5400) at the market price in the factory.

Since the Defendant provided the above machinery as collateral to the victim, the Defendant had a duty to manage the security as a manager of the security and not dispose of it to other persons before May 29, 2020, which is the upper limit date of the loan.

However, on June 2016, the Defendant violated the above duties, and sold at will one of the above collateral learning center in the above C plant to the sale of used machines with no name.

Accordingly, the defendant acquired property benefits equivalent to KRW 100 million at the market price of the machine learning center, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Complaints, copies of credit transaction agreements, copies of transfer security contracts, and the application of photographic Acts and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reference to the sentencing guidelines [Type Determination] Type 1 (Decision on the territory of recommendation] (Decision on the territory of recommendation) (Decision on the territory of recommendation), the basic territory of embezzlement and breach of trust (decision on the scope of recommendation), from April to April 1;

2. Circumstances unfavorable to the determination of sentence: The defendant's disposal of the machinery provided as security is not less than that of causing damage to the victim; the circumstances favorable to the fact that the amount of damage is not small but not agreed with the victim: Recognizing the error, it is against the fact that it is used to pay taxes or pay wages; and there is no record of criminal punishment exceeding the fine against the defendant.