A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 19, 2013, the Defendant: (a) operated the manufacturing business of heavy equipment parts in Jinju-si, and (b) purchased two of the machinery (10) and offered two of the said machinery as collateral to the injured bank at the Jinju-si location of the Industrial Bank of Korea located in the counter-dong of Jinju-si, with loans of KRW 250,000,000,000 for small and medium enterprise facilities at the Jinju-si location; and (c) provided two of the machinery to the injured bank as collateral.

In accordance with the transfer collateral agreement, the Defendant: (a) performed a good manager’s duty of care to prevent a bank from causing damage to the subject matter of the transfer collateral; and (b) sold the subject matter of the said machinery to E, which is located in D on the window of Changwon-si, with the amount of KRW 90,000,000 on June 29, 2015.

Accordingly, the Defendant acquired property benefits equivalent to KRW 90,000,000 in violation of the above duties, and caused damage to the damaged bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of a contract for transfer security, a credit transaction agreement, a statement of business trip, a tax invoice, or a copy of a bankbook in the name of G;

1. Application of Acts and subordinate statutes to investigative reports (report on the verification of trade prices at the horizontal mining center);

1. Article 355(2) and (1) of the Criminal Act applicable to criminal facts, Article 355(2) of the Criminal Act, and Article 355(1) of the Criminal Act, as for the reason for sentencing of imprisonment, the victim has lost physical security equivalent to KRW 90,000,000, and the defendant has not been able to pay not only the principal but also the interest at the time, and there is a considerable concern about the repayment of principal due to the lack of any alternative plan.

However, the statutory detention shall not be made in order to recover from damage or to provide an opportunity to agree with the victim.