A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who has operated a signboard plant in the trade name of “E” on the first floor of the building in Nam-gu Incheon Metropolitan City.

On February 18, 2011, the Defendant applied for a corporate facility loan equivalent to KRW 34 million to employees of the Korean bank at the center of the training center of the Korean bank in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and entered into a contract for collateral transfer with the content that the Defendant would have secured the right to transfer the Korean bank with respect to 1 set of automatic channel hostinging equipment equivalent to KRW 38 million at the market price, which was owned by the Defendant in order to secure it.

On the same day, the Defendant borrowed KRW 34 million from the Korean bank of the victim, and accordingly, the Defendant fulfilled his/her duty of care as a good manager to use, preserve and manage the automatic channel crowdfunding equipment for ordinary purposes in accordance with the transfer security contract.

Nevertheless, on April 2015, the Defendant sold all machinery in the factory of Defendant’s operation, including 1 set of automatic channel hosting equipment, at around KRW 50,000,000.

Accordingly, the defendant acquired property benefits equivalent to KRW 38 million in the market price and suffered damages equivalent to the same amount to the Korean bank.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of transfer security agreement, a detailed statement of payment from the proceeds of crowdfunding machines, a subrogated payment certificate, and deposit receipt Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] - Type 1 (a person subject to special sentencing less than 100 million won) (a person subject to suspended execution] - Where the degree of violation of duties is minor, [Determination in the sphere of recommendation] Special mitigation (a period from January to October] - Major Considerations: positive (where the degree of violation of duties is minor) - Reasons for general consideration (where the degree of violation of duties is minor): positive (a significant reflection and suspension of execution).