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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] Case: Changwon District Court Decision of embezzlement on April 27, 2017: Imprisonment with prison labor for six months and a suspended sentence of two years: Final Court Decision of May 5, 2017 / Criminal Fact-finding
1. The Defendant of the 2017 Highest 2463 case was a person who operated D Co., Ltd. at the window C of Changwon-si.
On December 16, 2013, the Defendant took out a loan of KRW 348 million from the National Bank of Korea Co., Ltd. to the victim for the purpose of securing the obligation, and provided the victim with a collateral for transfer of KRW 10,00,000 to the said D Co., Ltd. for the purpose of securing the obligation. As such, the Defendant had a duty to preserve the said movable property in order to prevent infringement of the victim’s security right until the repayment of the loan was made.
Nevertheless, on August 31, 2016, the Defendant violated his duties, received KRW 15,3380,000 from the above company to the representative F, and sold the said machinery at will.
Accordingly, the defendant acquired property benefits equivalent to KRW 150,380,000,00, and the victim suffered property damages equivalent to the same amount.
2. The Defendant of the 2017 Highest 3649 case was inside directors of the D Co., Ltd., a manufacturing business of heavy equipment accessories at the window C of Changwon-si.
around 14:00 on August 30, 2016, the Defendant agreed to sell a total of 8 machinery, including 200,000 from D Co., Ltd. office (2013 food, PMA GT210M), 1, and CNC group (207 food, LYX20G-S) to E, and agreed to allow the damaged company to pay KRW 184,00,000 to D Co., Ltd., a machinery supply company.
However, the above machinery (total of eight units, such as the two mining centers) concluded a loan contract with the defendant to prepare the purchase price of the above machinery from the point of origin of the Korea Technology Finance Corporation, which was located in the central Dong-dong in the middle of January 2014.