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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 26, 2009, the Defendant entered into a credit transaction agreement at the Gangseo-dong Branch of the Daegu Metropolitan City, Daegu Metropolitan City, and received a loan of KRW 100 million, and provided five (5), one (1), one (1), and one (1) as security for transfer to the Daegu Bank, Daegu Metropolitan City.

According to an agreement on the transfer for security, the Defendant fulfilled his duty of care as a good manager to use, preserve, and manage the object of the transfer for security within the ordinary use or business scope, and there was a duty not to unfairly reduce the value of the security by disposing of it, etc.

Around July 28, 2010, the Defendant, in violation of the foregoing duties, disposed of 12.5 million won of CNC Line Co., Ltd. among the said objects of transfer for security to D, and disposed of 2,3.65 million won of CNC Line Co., Ltd. among the said objects of transfer for security to E around July 31, 2010, and around August 20, 2010, the Defendant disposed of 3,3550,000 won of CNC Line Co., Ltd. among the said objects of transfer for security to E and around August 20, 2010.

Accordingly, the Defendant acquired property benefits equivalent to KRW 70 million in total, and suffered damages equivalent to KRW 51 million in which the Defendant failed to repay the above loans to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Complaint;

1. Each investigation report (Attachment, such as passbooks, details of transactions, etc., and deposit consultation, etc.);

1. Application of Acts and subordinate statutes to a copy of a credit transaction agreement and a copy of transfer security agreement;

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

1. The fact that a victim bank, which is a financial institution for the reason of sentencing under Article 62(1) of the Criminal Act, has a trust and transferred the security to another person without permission, is not good in the nature of the crime, and the amount of damage is not significant.