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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2015 Highest 1848]
1. Around April 26, 2013, the Defendant entered into a financial lease agreement and received the said machinery on the condition of installment redemption for 36 months with respect to one of the equipment for the victim-based punch (Guides Haides Puncker), which is the processing equipment equivalent to the amount of KRW 75,000,000 in the market value, in D operated by the Defendant in Ansan-si, Seoul-si.
While the Defendant kept the said machinery for the victim, around August 23, 2014, the Defendant received KRW 33,000,000 from the F that operates E in order to raise the repayment fund for personal debt at the same place, and sold the said machinery with the mind of mind.
Accordingly, the defendant embezzled the victim's property.
[2015 Highest 1868]
2. The Defendant is a person who operates Ansan-si G with the objective of manufacturing business, etc. in Ansan-si G.
Around November 5, 2012, the Defendant drafted a loan contract stating that “I” in the “I” resting room located in Ansan-si Member G, Ansan-si, the victim J (“I”) means: “If the Defendant borrowed KRW 70,000,000,000,000,000,000 to purchase the punching machine with the money and operate the company, and then, the company will pay 2,50,000 won as monthly revenue and the principal shall be paid in installments on a monthly basis; and “The victim shall pay 2,50,000 won as monthly revenue and make payment in installments until November 5, 2015 for the principal repayment.”
However, at the time, the Defendant, from January 2012, had been in arrears with the loans worth KRW 2,604,000, to the KN loan, and had a total of KRW 60,000,000 for other persons, including K, and the said H had a total of KRW 30,000,000 for substitute payment to the Korea Workers' Compensation and Welfare Service due to its employees’ failure to pay wages. Therefore, if the Defendant borrowed money from the victim, he would have been able to use it to repay his existing debt, and the victim would have a total of KRW 2,50,000 per month.