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

The defendant is a person who operated D in accordance with C 3Ra 803 in Si interest city.

피고인은 2010. 10. 4.경 피해자 중소기업은행으로부터 중소기업시설자금 명목으로 1억 3,000만 원을 대출받아 삼성 CNC선반(PL-25A), 두산 머시닝센타(NEWREVO0510 M), 코마텍 탭팽센타(NTT-30D) 등 기계 3대를 구입하면서 피해자 회사에게 위 대출금을 피담보채권으로 하는 위 기계 3대에 대한 양도담보권을 설정하여 주었으므로 피고인에게는 그 담보의 목적을 달성할 수 있도록 위 담보물을 성실하게 관리하여야 할 임무가 있었다.

Nevertheless, the Defendant violated the above duties from May 201 to June 201 of the same year, sold 3 machinery at the above D office as a total of KRW 72,00,000,000 from the above D office, thereby causing property damage equivalent to KRW 86,66 million, which is the remaining secured debt, and acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the filing of a complaint, credit transaction agreement, security for transfer, contract of machinery, photographs of customers, and status quo survey by customer;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc.: (a) the Defendant was not identified as the location of the machinery disposed of, making it difficult for the victim to recover damage; (b) the Defendant’s amount of the loan not yet repaid reaches KRW 80 million; (c) the Defendant’s mistake is against the victim; (d) the Defendant faithfully repaid interest and principal amount until August 24, 2013; and (e) the Defendant additionally repaid KRW 6 million to the victim on November 24, 2014; and (e) the Defendant operated the Defendant’s company.