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A defendant shall be punished by imprisonment for a term of one year and two months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On April 18, 2013, the Defendant had no intention or ability to cancel the right to collateral security established on the said date with the purchase price, even if he/she sold Esch Rexroth entrusted by D to C from D to the victim C.
Nevertheless, on April 18, 2013, the Defendant, on the street in front of the “SM logistics” in the Seodaemun-gu Seoul Metropolitan Government on the street, concluded that “Eex will be sold to the victim C”. On the face of the purchase price, the Defendant would cancel the right to collateral security in the name of the maximum debt amount set out on the said vehicle within one week, which is equivalent to 65 million won.” The Defendant acquired 66,346,740 won from the victim as the purchase price for the vehicle from the victim, and acquired 66,346,740 won.
2. On April 18, 2013, the Defendant embezzled the victim D’s embezzlement: (a) received KRW 66,346,740 of the purchase price from the victim D with the delegation from the victim D to sell Eex; and (b) stored for the victim D; (c) subsequently, he arbitrarily consumed the Defendant’s personal debt repayment, etc. at the location below Daejeon, and embezzled it.
3. On May 7, 2013, the Defendant: (a) sold the Fsch Rexroth, G Leer vehicle to the victim C as “any condition under which the right to collateral security is cancelled within one week”; and (b) even if the purchase price is paid, there was no other import, and thus, there was no intention or ability to cancel the said vehicle’s right to collateral security.
Nevertheless, on May 7, 2013, the Defendant would sell the victim C with the “Fsch Rexroth vehicle” in total at KRW 71,500,000,000,000,000. On the street above the “SM logistics”. On the face of the purchase price, the Defendant would have cancelled the right to collateral security in the name of two capitals, a sum of the maximum debt amount set out in the said vehicle, and would have cancelled the said right within one week. This would be the vehicle purchase price from the victim C.