A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The Defendant was a representative of “D” engaging in cutting off and similar processing business in Hanam-gun C, and entered into a security agreement on January 22, 2016, with the content that the Defendant transferred KRW 100 million from the victim company to the creditor, by means of an extension of possession of ownership of KRW 120 million,00,000,00,000, in order to secure the above loan, at the location of the Masan National Bank, which was located in 674, Changwon-si, Changwon-si, Mawon-si, the Defendant borrowed KRW 100,000,000 from the victim company at the location of the Masan National Bank, which was located in Masan-si, for the purpose of securing the loan.

Therefore, the Defendant had a duty to keep the above machinery by fulfilling the duty of due care of a good manager until the settlement of debts with the victim company is completed.

However, the defendant violated the above duties and around April 2017, the above "D" sold the above machinery to the seller and seller of non-named machinery at KRW 70 million, thereby causing property damage to the victim, thereby losing the security for the above lending obligation, and at the same time acquiring property profits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of credit transaction agreements, transfer security contracts, and sales contract statutes;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents his mistake in depth and reflects it, there are some circumstances to consider the motive and circumstances leading to the instant crime, the Korea Technology Finance Corporation made a vicarious repayment to the victim company by subrogation, and the defendant entered into a separate repayment agreement with the Korea Technology Finance Corporation, and the means and results of the instant crime, other than those, the circumstances after the instant crime, the age of the defendant, and the age of the defendant.