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A defendant shall be punished by imprisonment for not more than ten months.
However, 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
around November 20, 2013, the Defendant: (a) leased three of the “C” factories operated by the Defendant in Kimhae-si (hereinafter “C”); (b) three of the leased money owned by the victim D Co., Ltd. and the victim Co., Ltd. from December 18, 2013 to March 18, 2018, on condition that the lease fee of KRW 3,463,929 is paid each month; (c) until full payment of the lease fee is made, the ownership of the said goods was reserved to the victim Co., Ltd.; and (d) on December 18, 2013, when the said goods were delivered and used on delivery to the victim Co., Ltd., Ltd. on or around December 26, 2016, at his/her discretion, he/she arbitrarily provided the E-building Kim Jong-dong Co., Ltd. with the said goods from G176,000,000 won at the market price to 10,000H13.
Accordingly, the Defendant embezzled the property owned by the victim company.
The Defendant was the representative of the company of the trade name “C” from Gyeongnam Kim-si, Gyeongnam-si, 1751.
around August 24, 2012, the Defendant loaned an amount equivalent to KRW 1 billion from the Victim K Bank at the point of Samwondong, Kimhae-si, JJ, and secured “1. Yastling HNR-H400,”
2. Tracking-cas 250tton c-type 1;
3. Tram-asting TD-150-A 1 unit;
4.Etht A200 single unit:
5. FO UNDRY-MASPACT 1;
6. The supply of 7 machinery, including COMRESOR, was secured.
Nevertheless, around August 2017, the Defendant obstructed the victim's exercise of rights by concealing the said seven machinery by making it difficult for the Defendant to know the location of the said seven machinery in an unsound manner.
Summary of Evidence
[2019 Highest 1237]
1. A lease contract, a certificate of acceptance, a written estimate, and a deposit status by contract of the defendant's legal statement L [2020 order 1751] The investigation report of the defendant's legal statement M (38) on the defendant's legal statement M is applied to the law of the mortgage contract.