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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, from around 2012 to around 2012, was supplied with the Switzerland from the Victim E Co., Ltd., but did not receive the payment from the Customer, and did not pay KRW 42,526,213 to the victim.
On March 4, 2012, in order to secure the claim for the above goods price, the injured party created a security right to transfer the above goods 13 units for the d Ra 2, f. f. 2, f. 1, f. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. in possession of the accused
Therefore, the defendant has a duty to keep the victim's transfer security right without disposing of the victim's transfer security right in another place for the victim.
Nevertheless, the Defendant disposed of one of the above showling machine without paying the price for the goods and interest thereon in violation of the above duties, and sold all of the remaining machinery to F Co., Ltd. around January 6, 2014 at KRW 28 million.
As a result, the defendant acquired financial benefits equivalent to the above sale price, and suffered losses equivalent to the same amount as the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of the police statement protocol to G;
1. The relevant statutory provisions of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts and the reasons for sentencing [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] / [the sentencing decision from April to January 4] of the basic area (the sentencing decision from April 100), / [the sentencing decision] / the sentencing conditions specified in the trial process of this case, such as the defendant’s age, sexual behavior, family relation, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account, within the scope of recommending punishment.