beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around January 31, 201, the Defendant concluded a lease agreement with the content that the Defendant has ownership of the said mechanical system upon the completion of the reimbursement, by purchasing at KRW 71,00,000 one of the CNC lines (PMA-280) from the victim FFF Capital Co., Ltd. at the above company office located in Sung-gu, Changwon-si, Changwon-si (PUMA-280) for 1,851,792 per month.
On the same day, the Defendant received the said machinery from the victim and embezzled the said machinery for the victim on June 2012, the Defendant received 45,000,000 won from a person who was unable to know his/her name through the secondhand machines stand D at the window of Changwon-si on the same day and embezzled it.
2. The Defendant concluded a lease contract with the victim, such as the date and time, at a place, as described in the preceding paragraph, and agreed to provide the victim with one machine owned by the Defendant, as transfer security by means of possession and amendment, until the victim fully pays the CNC amount.
Although the Defendant was obligated to keep the victim with his/her duty of care as a good manager pursuant to the above agreement, on June 2012, the Defendant violated his/her duty and sold 30,000,000 won to a person who was unable to know his/her name in Masan E on June 2012, thereby obtaining profits equivalent to the above amount of money and suffered losses equivalent to 15,00,000 won out of the above CNC amount.
Although a prosecutor charged an amount of damage with KRW 35,087,156, it can be recognized that the amount of the secured obligation of the above transferred security is limited to KRW 15,00,000,000, according to the statement of the police statement about F and the statement of the contract for the transfer of security contract. There is no evidence to acknowledge the fact of damage. However, if the facts of crime within the same factual basis are found guilty, it is separate.