Defendant shall be punished by imprisonment for five months, and 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

(1) On November 22, 2013, the Defendant, as the C representative director, concluded a loan transaction agreement with the victim’s employees under the third floor of the Gwangju Metropolitan City Small and Medium Business Support Center, located in 177 (Docheon-dong), the Defendant, as the C representative director, agreed to obtain a loan of KRW 5.2% per annum from November 26, 2013 to November 25, 2018 as the funds for supporting re-business start-up, and KRW 145,00,000 per annum, with the repayment rate of KRW 12% per annum on condition of 12% per annum, and paid the victim in equal installments on the repayment date in accordance with the repayment schedule of repayment of principal and interest every two years after the two years thereafter, the Defendant established a loan agreement with the victim for the period of the loan.

As above, the Defendant had a duty to keep the instant collateral until he repaid the loan, if the Defendant had established a security for transfer to the victim with respect to the instant collateral.

On September 22, 2014, the Defendant, in violation of such duty, sold the instant collateral to D’s Representative E.

As a result, the defendant acquired the benefit equivalent to the security value of 145,000,000 won by reducing the security value of the security, and suffered the same loss as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Statement of the police officer F;

1. Application of Acts and subordinate statutes to complaint, loan agreement, agreement on transfer for security, and written agreement;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. In the event that the purpose of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is solely for the benefit of the company (3-2 years) and the special mitigation area (3-2 years) (3-2 years), the decision is made as shown in the disposition on the grounds that the reason [the decision on the suspended sentence] of sentencing under Article 62(1) of the Criminal Act is more than 10 billion won