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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2013 Highest 3912]
1. Around January 28, 2010, the Defendant: (a) entered into a lease agreement with the victim Samsung Samsung Card Co., Ltd., Ltd., to pay lease fees of KRW 6,791,300 each month from January 28, 201 to 350,00 with the victim’s Samsung Card Co., Ltd., Ltd., as indicated in the separate sheet; and (b) entered into a lease agreement with the victim’s Samsung Card Co., Ltd., Ltd., Ltd., to pay lease fees of KRW 6,791,30 each month from January 28, 201 to October 30, 201; and (c) received notification from the victim of the said lease agreement to pay lease fees of KRW 142,617,300 in total from the victim to the victim’s custody, and thereafter, received notification from the victim of the said lease agreement to the victim’s termination of the lease agreement on December 30, 2012.
However, around March 31, 2011, the Defendant voluntarily disposed of one of the CNC mining machine in an amount equivalent to 6.6 million won at the market price to the bond business operator whose name was unknown prior to the date of the transfer. On January 8, 2012, the Defendant voluntarily disposed of one of the MCR in an amount equivalent to 5,280,000 won at the market price to the bond business operator whose name was unknown, and then embezzled by offering the other lease goods as security or by arbitrarily disposing of the other lease goods to the bond business operator whose name was unknown at the date of the transfer.
2. From February 2, 2010 to February 2, 2010, the Defendant’s embezzlement against the victim’s filial Capital Co., Ltd.: (a) concluded a lease agreement between the victim’s filial Capital Co., Ltd. and the victim’s effective capital in the said E’s place of business to pay KRW 87,00,000 each month from February 2, 2010 to KRW 2,334,388 under the said lease agreement; and (b) concluded a lease agreement between the victim’s aforementioned team and the victim’s effective capital in the said E’s name to pay KRW 87,00,000.