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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2013 Highest 3418]
1. On October 26, 2011, the Defendant entered into a lease agreement with the victim enff Capital Co., Ltd. and one machine learning center (mynx 650/50) (mynx 650/50) on the amount equivalent to KRW 70 million at a lease term of 36 months, monthly lease fee of 1,506,698 at the D office located in Changwon-si, 201. On November 23, 2011, the Defendant was in custody of one machine learning center owned by the victim at the said D office.
From June to July, 2012, the Defendant arbitrarily sold one of the above machine learning center to the person who was unaware of name at the Changwon-si, and embezzled it for KRW 400 to 50 million.
2. On November 6, 2012, the Defendant: (a) sought to sell and purchase three machine learning centers to F, an operator of E in the foregoing D office; (b) however, the victim H, who is the operator of G in the middle machinery dealer, purchased three machine learning center and resells it to F; and (c) concluded a lease agreement with F in the said process, and the victim H purchased three machine learning center; and (d) purchased three machine learning centers in the manner that the victim H, who was the operator of G in the middle machinery dealer, concluded a lease agreement and purchased three machine learning centers in the instant process.
The Defendant entered into a lease contract equivalent to KRW 165 million with Korea Capital Co., Ltd. (NR 700) on April 7, 2011. One machine learning center (mynx 6500/50) concluded a lease contract between two capitals and 1650,000 won on December 16, 201, and one machine learning center (mynx 750/50,000) concluded a lease contract between two capitals and 16,000 won on December 16, 2011. On December 23, 2010, one machine learning center (mynx 750/50) provided the Defendant with security interest of KRW 160,000,000 on a guarantee obligation to Hannam Bank Co., Ltd., Ltd., and thus, the aforementioned circumstances should be removed without being attached to the said machine lease contract to the victim of the said machine.