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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal records] On February 2, 2012, the Defendant was sentenced to two years of imprisonment due to occupational embezzlement, fraud, etc. at the Seoul Western District Court (in addition, ten months of imprisonment and two years of suspended execution) and completed the execution of the sentence on November 23, 2012.
[2] On March 2015, the Defendant agreed to purchase two vehicles from EN Co., Ltd. (hereinafter referred to as “victim”) practically owned and operated by the victim ED to the total price of KRW 115 million from the total price of the two vehicles, such as the 1st, 2000,000 won, and then, from the point of July 27, 2015 to the victim as security for the obligation to pay the purchase price of the said vehicle.
9. Until August 8, 200, up to 12 vehicles, such as Switzerland 9 and 3 used freight cars, were transferred as security, and the victim company registered as the owner of each vehicle as the ownership of each vehicle, and thereby, for the victim and the secured party and the secured party, the claim for the purchase-price of the above Switzerland 12 vehicles was set up as security right to sell the above Switzerland and 12 vehicles as security.
Based on the timing of providing each collateral, on July 27, 2015, 1 Switzerland (EP), on July 31, 2015, 3 Switzerland (E Q, ES) on July 31, 2015, 1 Switzerland (ET) on August 3, 2015, 3 Switzerland (EU, EV, EW) on August 17, 2015, 1 Switzerland (EX) on August 18, 2015, 1 Switzerland (EX) on August 24, 2015, and 12 Switzerland on September 8, 2015, 2015, each of the above companies provided the victim with each of the above vehicles as security at the time of providing each of the above vehicles as security to the owner of each of the vehicle (hereinafter referred to as “the competent government office”).
Therefore, the Defendant, as a security holder, has the duty to preserve and manage the above 12 vehicles, i.e., the 12 vehicles that the Defendant provided as a security to the victim as a security, i.e., the 9 vehicles and the 3 vehicles for sealed cargo, by fulfilling the duty of due care of a good manager for
However, the defendant is above.