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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates small and medium enterprises in the trade name of Pyeongtaek-si C.
1. The Defendant, around December 11, 2007, took out a loan of KRW 80 million from the Industrial Bank of Korea in Pyeongtaek-dong 830-2, the Industrial Bank of Korea, which was located in Pyeongtaek-dong 830-2, with business funds, to repay up to December 4, 2012, and offered one unit of CNC-based machinery, the Defendant’s possession, as a security for transfer, has a duty to thoroughly manage the said machinery until the repayment of the loan. When changing the right to the said machinery, the Defendant was obligated to obtain prior consent of the victim, who is the obligee, and to keep the said machinery with the duty of due care as a good manager for the said victim.
Nevertheless, on June 8, 2010, the Defendant, in violation of his duties, sold one of the above CNC line machinery to E on June 8, 2010, and acquired the same profit in an amount equivalent to 62,70,000 won, and caused the same loss to the above victim.
2. On December 13, 2007, the Defendant was granted a loan of KRW 180 million with business funds at the Industrial Bank of Korea located in 470-5, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on the part of the Defendant’s Industrial Bank of Korea (hereinafter “Seoul Special Bank of Korea”) on the part of December 12, 2015, and the Defendant was obligated to thoroughly manage the said machinery until the repayment of the loan, and to preserve the said machinery with due care as a good manager for the said victim, such as obtaining prior consent of the victim when changing the right to the said machinery.
Nevertheless, on August 26, 2008, the Defendant violated his duties and sold the same amount to G at the above D plant on August 26, 2008, at the above C-type presses 1, the oil pressure shower 1, and the sprinkler 33.5 million won.