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 operates a printing and advertising agency with the trade name “D” in Daegu Jung-gu.

On June 21, 2011, the Defendant provided as security a 65 million won loan from a victim bank at a branch of Han Bank located in Daegu-gu, Daegu-gu, Daegu-gu, 330 million won, and transferred the machinery equivalent to KRW 45 million at the market price owned by the Defendant.

The defendant, as a debtor, has a duty to keep and manage the above machinery with the care of a good manager so that the victim can achieve the purpose of security.

Nevertheless, in 2012, the Defendant, in violation of his duties at the above "D" plant, provided that the Defendant provided the said machinery as a substitute debt repayment to E.

As a result, the defendant acquired the financial benefits equivalent to KRW 45 million at the market price of the above machinery, and caused the victim's property damage equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a copy of credit transaction agreement, and a copy of transfer security agreement;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (i.e., repayment of KRW 110 million out of loans, and partial repayment of the remainder through the public auction of other securities, and the motive and circumstances of the crime, and the fact that there is no previous conviction in the same kind);