A defendant shall be punished by imprisonment for six months.

However, 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 March 31, 2015, the Defendant offered the said machinery as security for transfer to the damaged bank by means of having ownership of one “D” machinery, which is owned by the Defendant, prior to completing repayment of loans around March 24, 2023, at the Han Forest Branch Office of the Victim C Bank Co., Ltd. (hereinafter “victim C Bank”) located in Kimhae-si, Kimhae-si (hereinafter “the damaged bank”), and received KRW 120 million from the damaged bank. The Defendant provided the said machinery as security for transfer to the damaged bank and kept it in custody by means of possession revision.

As such, the Defendant provided one of the above machinery to the damaged bank as a collateral for transfer, there was a duty to use, preserve, and manage it within the ordinary use in accordance with the contract of transfer for transfer and not to unfairly reduce the value of the collateral.

Nevertheless, on September 22, 2017, the Defendant, in violation of such duty, transferred one of the above machinery to the mechanical merchant E at a non-permanent site on September 22, 2017, obtained pecuniary benefits equivalent to the above amount, and caused financial damage to the damaged bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of credit transaction agreements, transfer for security contracts, and appraisal and assessment Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of recommendations according to the sentencing criteria shall be limited to the basic area (4 to 14 months) (4 months to 14 months);

2. The crime of this case by which the defendant was given a loan from the affected bank and then transferred one of the D mechanical devices equivalent to KRW 120,521,00 at the market price offered as security for transfer to the affected bank and causing damage to the affected bank is not good, and the defendant is not agreed with the damaged bank.