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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
Around November 2008, when the Defendant established and operated a private company with the trade name of “G”, the Defendant established and operated two enterprises simultaneously. Since January 1, 2012, the Defendant merged the above two enterprises with the trade name of “J of the Co., Ltd.” from January 1, 2012, the Defendant mainly carried on the production and supply of gold with the trade name of “J of the Co., Ltd.”.
However, around November 2008, the Defendant, at the time of the establishment of the above H, was liable for approximately KRW 8.5 billion, including bank loans, etc., and was in mind of raising the insufficient funds by selling machinery in the factory, which was kept in the factory, from the second half of 2009, due to the decline in sales.
1. The point of embezzlement;
A. On May 28, 2010, the Defendant entered into a lease agreement with the victim Co., Ltd. (NE-130) on the lease price of KRW 52,400,000 and the lease period of KRW 36 months in the office of the Defendant’s “G” located in Seo-gu Incheon, Seo-gu, Incheon, with the victim Co., Ltd. (hereinafter the model name NE-130) on the leased price of KRW 52,40,00 and KRW 413,40,000 in total amount of the lease amount until July 7, 2010 as indicated in the list of crimes in attached Table 1.
In order to raise funds necessary for the operation of the company, while the Defendant received the above machinery from the victim and kept it for the victim, the Defendant arbitrarily sold L, etc. from October 201 to November 201, and embezzled by selling it at a unsound price.
Accordingly, the Defendant embezzled 6 machinery worth 346,500,000 won in total in the market value owned by the victim.
B. Around August 31, 2011, the Defendant’s embezzlement against the victim Korean Capital Co., Ltd. is 88,000,000 and the lease period of 48 months against the victim and the 18th victim Korean Capital Capital Co., Ltd. at the office of the Gangnam-gu Seoul, Seoul, the 889-13 Geumnam-dong, the 18th victim Korean Capital Co., Ltd., Ltd., the lease price of which is KRW 88,00,000 and the 48-month period.