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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
1. Embezzlement;
A. A. Around December 2013, the Defendant established a right to collateral security (hereinafter “right to collateral security”) to purchase a vessel with the victim C and operate the business. A victim is in charge of concluding a labor contract or funding with the crew as a substantial owner of the vessel by contributing money, such as the purchase of the vessel, and the Defendant agreed to manage the vessel as the captain of the vessel and distribute profits generated from the operation of the vessel after purchasing the vessel, while in charge of purchasing the vessel by reding the vessel used for the business.
On January 21, 2014, the Defendant and the victim purchased “Powered Vessel E” from F to KRW 1.385 million under a name with good credit, when obtaining a loan from a financial institution. After that, the Defendant, as the captain of the above vessel, was in charge of fishing operations in the sea as the captain of the above vessel, and the victim was in charge of concluding a seafarer labor contract, vessel repair expenses, and financing.
Since then, the Defendant, as the captain of the above vessel, has kept the said vessel in the way of determining whether to enter, depart from and operate the vessel, etc. on behalf of the victim. On August 4, 2014, the Defendant embezzled the said vessel by borrowing money from G (D's Dong book) without the consent of the victim, while borrowing money from the above vessel that was under custody in Busan Seo-gu, Busan, Busan, the Busan, the registry office of Busan, for the purpose of the victim, and by establishing a collateral security right with the obligee H (G's fraud) and the maximum amount of claims KRW 180 million, and the obligor D.
B. From July 2015, the Defendant embezzled the above vessel by selling the said vessel to G children without the consent of the victimized party, even though the victimized party was aware of the fact that he had set up the right to collateral security as above and was demanded to return the vessel from the injured party. However, around November 4, 2015, the Defendant embezzled the said vessel by selling the said vessel to G children without consent of the victimized party.
2. The point of larceny;