A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, “2017 Highest 1315,” is a person who has operated “B” as a machinery parts processing business chain.

On August 8, 2016, the Defendant entered into a lease agreement with the Victim Fymp Capital Co., Ltd. and the Defendant to lease two CNC Line (LYNX 200A) of an amount equivalent to KRW 26 million at the market price for 48 months, and to pay lease amounting to KRW 514,488 per month.

On September 4, 2016, while the Defendant kept one of the above half-way machinery for the victim, the Defendant sold and handed over the above half-way machinery to D E at the place of business located in Daegu Northern-gu, Daegu-gu, for a period of KRW 20 million.

Accordingly, the defendant embezzled the victim's property.

On April 18, 2016, the Defendant: (a) around 2233, 2016, extended a loan of KRW 69,000,000 to the victim company and provided a security right contract with the maximum amount of KRW 82,80,000,00 to the claim of the victim company, and transferred the two of the two of the two of the two of the two of the two of the two of the vessels, machinery and equipment, from the victim company, at the affected mountain location of the Korea EEB Han Bank (hereinafter “victim”); (b) the victim company (hereinafter “the victim company”).

As above, the Defendant provided two first half of the Defendant’s possession as collateral to the victim company with the duty of due care as a good manager until he/she fully pays the loan to the victim company, and even though there was a duty to preserve the object of transfer collateral, the Defendant sold two first half of the collateral, which was provided as collateral for transfer, to D Co., Ltd. on September 4, 2016 to KRW 5,450,000.

As a result, the Defendant violated the duty of the transferor collateral, thereby acquiring property benefits equivalent to 5,4450,000 won by selling the subject matter of transfer collateral, and suffered damages equivalent to the same amount from the victim company.

Summary of Evidence

[2017 Highest 1315]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of the lease agreement, a statement of particulars of the lease agreement, and a written estimate;