A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 1, 2013, the Defendant, as the representative of the Plaintiff Company B, entered into an agreement between the victim Han Bank Co., Ltd. (Korea Exchange Bank)’s branch office located in Ansan-si Co., Ltd., Ltd. (former Foreign Exchange Bank) and the victim company to trade general loan loans of KRW 110,00,000,00, and provided the victim with the “CNC RUTIN MAFE: TL-RU-6E 300 TOLTE 300 TOLE” as security to secure the above loan obligation.

As above, the Defendant provided the above machinery to the victim as collateral, and thus, pursuant to the above transfer collateral agreement, was obligated to keep the subject matter with the due care of a good manager until the loan is repaid so that the secured party can achieve the purpose of transfer collateral.

Nevertheless, on July 14, 2016, the Defendant, in violation of his duty, entered into a contract with C representative D to sell the above machinery to a large sum of 40 million won without consent from the victim, while failing to repay the above borrowed money to the victim, and delivered the machinery upon receiving the payment in full on October 25, 2016.

Accordingly, the defendant acquired property benefits equivalent to 40 million won in the above sale price, and suffered the same loss as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a credit transaction agreement, transfer guarantee agreement, etc.;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the violation of one’s mistake, the victim’s failure to punish the defendant, the penalty exceeding the fine, and the absence of the same criminal records).