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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
[2016 Highest 533] Around February 27, 2014, the Defendant agreed to transfer the loan amount of KRW 150 million from March 3, 2014 to February 15, 2017 to February 2017, when entering into a security agreement on the 117th and monitors (standard 15-2500, GTX560, 1TB) in the law firm D located in Gangnam-gu Seoul Metropolitan Government (hereinafter “victim company”) with 117 members of the victim EPC (standard 15-250,8G, GTX560, 1TB).
Since the Defendant received KRW 150,000,000 from the victim company according to the above agreement, the Defendant had a duty to keep the above collateral until the victim paid the above loan.
Around March 2015, the Defendant sold the above EPC room, and sold the same collateral via the Internet car page to a person who was in default of his name, when the Defendant did not repay the borrowed amount equivalent to KRW 96,740,788, in violation of the above duties.
As a result, the Defendant acquired property benefits equivalent to KRW 96,740,788, which are the remaining collateral value of the above transferred collateral, and suffered damages equivalent to the same amount in the victim company.
[2016 Highest 1846] On October 8, 2014, the Defendant entered into a lease agreement with the following terms: (a) the Defendant leased and used two computers and monitors from the Plaintiff’s effective capital capital stock company (hereinafter “victim Company”) in the GPC room in Changwon city F. 201; and (b) the Defendant paid lease fees in the amount of KRW 4,802,723 each month for three years.
In accordance with the above contract, the Defendant embezzled a house of KRW 183,00,000, including a computer and monitor at around June 30, 2015 to H around June 30, 2015, when the Defendant was transferred a computer and monitor from the victim company and used in the said room.
Summary of Evidence
1. Statement of the accused in the first and fifth public trial records;
1. Statement made by the prosecution with regard to H;
1. I, J,.