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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Presumption Facts] Defendant 1 is a person who actually operates E Co., Ltd. (hereinafter “E”) with the business of producing and printing books in Ilyang-si, Busan-si, and F is a person who operates G Co., Ltd. (hereinafter “G”) with the business of repairing and selling machinery. Defendant 1 is a corporation with the business of leasing facilities and lending credit finance.
The Defendant borrowed money from around January 30, 208 to July 17, 2013 to H from time to time under the name of sale deposit, etc., and transferred part of the machinery of the said E plant to H with a view to securing its payment, as to the said payment, by means of possession revision, and continued to carry on the manufacturing and printing business using the said machinery. On September 2014, the Defendant still occupied the said machinery, taking advantage of the fact that around September 2014, the Defendant: (a) transferred part of the money to H using the method of possession revision to the leased company; (b) transferred it to the leased company by means of lease; (c) transferred it to the leased company; and (d) intended to provide the repair and financing of the machinery of the company.
Around September 2014 in accordance with the above plan, Defendant F would purchase new type of machinery from G operated by the Party. The Defendant F would be aware that the security right was established against H as above.
In addition, one part of the machines will request repair to the person.
The loan shall be paid through the leasing company, the loan shall be paid first by the leasing company, and shall be paid first by the lending company to enable the lending company to enter into a reverse lease agreement between the third parties in the way that the lending company shall pay the loan monthly, and shall be sold to the F company.