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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2013 Highest 2680"
1. The Defendant borrowed 330,00,000 won from others when operating D Co., Ltd. located in the Jeonju-gun, 2006, and around November 2007, the victim E took over the above claims from the above creditors. On January 16, 2008, according to the Factory Mortgage Act, the Defendant concluded a contract to set up a collective security right equivalent to the maximum debt amount of KRW 429,910,00 with the victim E as the mortgagee pursuant to the said Factory Mortgage Act, which was in force at the time for the aforementioned company’s factory site and factory site, and accordingly established the collective security right with the aforementioned contents as of January 17, 2008. As such, the Defendant shall not transfer the movable property constituting the factory foundation that became the object of the mortgage or deliver it to a third party for the purpose of establishing the pledge right.
Nevertheless, on June 14, 2012, the Defendant sold 50,000,000 won for mechanical 1 type (FLOOR BORING, 30 tons), which is one of the objects of auction appraisal (i.e., the H and the above mortgage) at the G company’s office located in Kimhae-si on June 14, 2012, and transferred it to the employees belonging to the said G company on June 19, 2012.
Accordingly, the defendant, as the factory owner, transferred the movable property constituting a factory foundation under the Factory and Mining Foundation Mortgage Act.
"2014 Highest 451"
2. From Apr. 2011 to Jul. 30, 2013, the Defendant, a person who actually operated I Co., Ltd., Ltd., Ltd., Ltd., located in the Jeonbuk-gun, took overall charge of duties, such as the payment of employee insurance premiums.
From March 2013 to July 201 of the same year, the Defendant’s total sum of KRW 1,640,600 equivalent to the four major premiums, such as national health insurance, long-term care insurance, national pension, and employment insurance, to the victim J, and KRW 2,845,400 equivalent to the four major premiums for the victim K.