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 becomes final and conclusive.

Punishment of the crime

The Defendant, as the representative director of C, the first company of the printed circuit board, is a company running the said company at a factory located in Ansan-si, a member district from September 2015 to July 2016. The victim E (F) is a company running the business of manufacturing machinery manufacturing and repairing.

On October 5, 2016, the Defendant: (a) requested the victim company to repair EXM machinery owned by C and replace parts thereof; (b) in order to secure the claim for the service cost equivalent to KRW 80,300,000,000, the Defendant: (c) provided the victim company with approximately KRW 50,000,000,000 or KRW 60,000,000 at the market price, which was kept in C’s factory, as security; and (d) provided the victim company with one EXM machinery in the amount of KRW 56,00,000,000 under the Factory Mortgage Act for the same day; and (c) occupied and used the said machinery.

Therefore, the Defendant had a duty to keep and manage the above goods as a good manager so that the victim company can achieve the purpose of the above transfer collateral.

Nevertheless, on December 31, 2016, the Defendant violated his duties, entered into a water repayment contract with respect to the above machinery in order to secure the claim against G Co., Ltd., and delivered the machinery to employees in the name of G in the above factory around June 2017.

As a result, the Defendant acquired the benefit equivalent to 55,300,000 won in total of the remaining debt amount to the victim company, and suffered a loss equivalent to the same amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint, a certified copy of each corporate registry, a tax invoice, a statement of transactions, a statement of transaction, a ledger of customers, the head of a business entity, a contract for the establishment of a security interest in movable property, a certificate of all registered items for security in movable property, a contract for the transfer of facilities and equipment, an impossible statement of