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Defendant
A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year.
However, for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
B is the representative director of the F Co., Ltd. in Gunsan City E, and the defendant A is the director of the F Co., Ltd.
"2016 Highest 1251"
1. The Defendants’ breach of trust received a loan of KRW 1,690,000,000 in total from the cultural Dong of the North Korean Bank, prior to the victim, the Defendants set up a security for the above F’s factory buildings, factory sites, and machinery in the factory. However, due to the delay in interest, etc., the Defendants had the victim file an application for an auction at the Gunsan Branch of the Jeonju District Court on April 13, 2015. Ultimately, from G to the sum of KRW 1,080,000 in total on April 11, 2016.
As above, the Defendants established a security on the factory machinery and obtained a loan, and there was a duty not to arbitrarily remove a security without the consent of the victim until the full repayment of the loan is made.
Nevertheless, the Defendants, during the process of the auction in violation of the aforementioned duties, voluntarily removed from around April 15, 2015 YNX-220LMA (LYX-220LMA) and sold it to other places. On October 2015, the Defendants voluntarily removed from 1 unit of sexual type chain (DGS-520H) and 1 unit of mining center (LYNX-220LC) from around October 2015. Defendant A voluntarily removed from 1 unit of mining center (PUA280L), 1 unit of sea-line (NRA-4308), 1 unit of MY-4308, 1 unit of MY-20G (NM-20G-430) and 30G-41.207.
Accordingly, the Defendants removed the above factory machinery in the process of auction and decided to reduce KRW 143,773,680 from the Gunsan Branch of the Jeonju District Court on May 19, 2016 (H). Defendant B obtained property benefits of KRW 86,235,037 and Defendant A obtained property benefits of KRW 57,538,641 and suffered damages equivalent to KRW 143,773,680, respectively.
"2016 Highest 1383"
2. When an employer who violated the Labor Standards Act of Defendant B dies or retires, the reason for such payment.