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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
The Defendant is a person who operated E in Hagu-si, Hagu-si, Hagu-si, Hagu-si, from 2011 to 2014, from the beginning of 2015.
Around September 2, 2013, the Defendant entered into a loan agreement with the victim in the office of the Small and Medium Business Corporation located in Jinju-si, 430,000 won for a loan to KRW 300,000,000. On the same day, the Defendant provided seven of the CNC Line machinery owned by the Defendant Company as collateral for transfer to the said victim, and entered into a loan agreement with the victim at the location of the Bank of Korea located in Changwon-si, Changwon-si, 100-1, around July 29, 2014, around KRW 249,90,00 with the victim. On the same day, the Defendant occupied the said machinery and equipment owned by the Defendant, TURINING ADDDIN M/C ( were manufactured: E.S. and 14:06,00,000) as collateral, and each of the said Defendant occupied the said machinery and equipment as collateral.
Therefore, the Defendant had a duty to keep and manage each of the above machinery with the care of a good manager so that the victims can achieve the purpose of the above transfer collateral.
Nevertheless, on December 2014, the Defendant violated his duties, sold in violation of his duties the amount of profit equivalent to KRW 120 million to the above CNC’s 7 machinery team and TRING M/C (the date of manufacture: : ENT : 14.06) 3 forms, total of 6 units, and 120 million won in total, to the victims. The Defendant sold the above CNC’s 7 machinery team and TURING AENING M/C (the date of manufacture: 14.06) to the above company located in Daegu-si Si, Daegu-si, and sold the above CNC’s 7 parts and the UNLAD M/C (the date of manufacture: 14.06).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. The provisions of transfer security contract, loan agreement, agreement on security for transfer, and application of each photograph;
1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a sentence of imprisonment with prison labor (compact of sentencing) is double.