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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant operated “D” in Daegu Seo-gu, Daegu, from May 2012 to January 2014.
On October 17, 2013, the Defendant purchased 5 LF-20 Racers machinery equivalent to a total market value of 120 million won from the victim G at the notary public F office located in Daegu-gu, Daegu-gu, the Defendant provided 5 Racers machinery as security for transfer and possessed and used it by the Defendant by means of possession revision after establishing the above company of the Defendant, and drafted a notarial deed of a contract for debt repayment with collateral security with the victim.
Accordingly, since the defendant used the above five machinery from the victim by transfer, the defendant had a duty to keep and manage the above machinery as a good manager so that the victim can achieve the purpose of the above transfer security.
Nevertheless, the Defendant violated such duty and transferred the name of the representative director of the said company to H around December 2013, and on January 20, 2014, transferred the said I to J by transferring the said I at the said I office.
Accordingly, the defendant acquired property benefits equivalent to KRW 120 million of the above mechanical cost, and suffered damages equivalent to the same amount as the victim.
Around March 21, 2013, the Defendant: (a) around March 21, 2013, as a person operating “D” for the purpose of manufacturing hand-phone parts, etc., the Defendant attempted to purchase two of the rab machinery in the “M office of the victim’s L operation in Daegu Northern-gu K; (b) the victim’s business to process mobile phone cases, etc.; and (c) the victim’s business to purchase the two parts of the rab machinery as it is well as to purchase the two parts of the rab. The Defendant made an investment of KRW 70 million to purchase the two parts of the rab machinery. Since the monthly sales per machine amount to KRW 11 million, the Defendant paid a rent of KRW 2.5 million per machine for a two-year period.
However, the defendant is against the victim.