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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who operates a manufacturing business under the trade name called “D” located in Kim Sea-si, Kimhae-si.
On December 20, 2013, the Defendant: (a) filed an application for a loan of KRW 500 million for the funds for facilities of small and medium enterprises at the Industrial Bank of Korea, the Bank of Korea located in Changwon-si, for the purpose of securing the loan; and (b) drafted a certificate of fairness in a contract for monetary consumption and loan with collateral transfer, whereby the Defendant transfers the ownership of approximately KRW 500,000,000,000 in the market price within the “D”, to the creditor, until the loans are fully repaid by means of an amendment to possession.
Therefore, the Defendant fulfilled the duty of due care of a good manager until the settlement of the above obligation is completed between the victim and the victim, and had a duty to keep the above public machinery, which is a transfer security, for the victim.
Nevertheless, on June 2, 2017, the defendant violated the above duty and sold the above work machinery to E Company F in the above D plant for KRW 260,000,000, thereby incurring property damage to the victim and acquiring property profits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to the complaint;
1. The relevant Article of the Criminal Act and Article 355 (2) (Punishment of imprisonment) of the Criminal Act regarding criminal facts: The sentencing of 2.1 billion won or more based on the classification of types of punishment to be mitigated; the sentencing of 50 million won or more; the sentencing of 2.6 months or less than 50 million won to 1 year or 2 years or more to 2 years or more to 5 years: The sentencing of 5 years: None of the relevant persons: The sentencing of general sentencing factors (not based on occupational breach of trust) in the basic area: the sentence of imprisonment with prison labor for 2 years: Unreparing damage (the remaining loans KRW 450,468 million): The confession, etc.;