A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant is the representative director of C corporation.

On June 10, 2014, the Defendant: (a) obtained a loan of KRW 670,000,000 from the injured party at E points in Changwon-si, Changwon-si; (b) created a collateral security right on the land and its above C-owned land and factory buildings; and (c) around October 1, 2014, the Defendant additionally kept additional points in the aforementioned B-dong-gun, including a model name LGE 170Ⅱ; (d) LGE 120,000,000, assessed appraised value of KRW 16,027,000,000; and (e) obtained a loan of KRW 670,00,000 from the injured party; and (e) obtained a loan from the injured party; and (e) obtained a mortgage of KRW 370,00,000,000 from the injured party; and (e) accordingly, Defendant 4, including the foregoing type of machinery for the purpose of collateral security.

Nevertheless, on October 2015, the Defendant violated his duties, and disposed of the instant Aircom amounting to KRW 40,000,000 on the basis of the market price of KRW 16,000,000 in total owned by G, and exchanged with Compact and Rora at KRW 20,000, around May 31, 2016.

Accordingly, the Defendant arbitrarily released the machinery provided as security to the victim and acquired pecuniary benefits of 56,000,000 won, and the victim suffered pecuniary damages of 136,027,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A letter of credit transaction, a letter of credit guarantee, a letter of credit guarantee, a statement of full payment of the price of machines and instruments, a certificate of ownership ownership, a certificate of collateral change contract, a statement of appraisal and assessment, a statement of appraisal and assessment, a certificate of all matters to be registered, a list of factories and mining foundations under Article 6 of the Act on Mortgage on Factories on Factories and Mining Foundations;

1. A copy of the tax invoice and the details of passbook transactions;

1. Application of investigation reports (J telephone investigation by a person in charge of driving loan in the south of Korea) and investigation reports (K telephone communications by the G representative);

1. Relevant Article 355 of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act concerning criminal facts (a comprehensive determination of imprisonment).