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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant is a person who was operating D Co., Ltd. (hereinafter referred to as “D”) in Youngcheon-si, the manufacturer and sales company of automobile parts in Yong-si.
1. Breach of trust;
A. On December 11, 2014, the Defendant obtained a loan of KRW 132,00,000,000 from the Korean bank racing branch from the Korean bank, the Defendant offered three sets of 135,000,000 won of the JAVN-300, as security.
Therefore, Defendant 1 breached the duty of due care of a good manager for the victim until full repayment of the above loan, but was obligated to keep the above machinery. On September 24, 2015, Defendant 2 violated the said duty and sold the said machinery to non-persons in the name of the company at the above office around September 24, 2015 in the amount of KRW 80 million with the machinery listed in paragraphs (b), (b) and (c), thereby obtaining pecuniary benefits of KRW 132 million, and the victim suffered pecuniary damages equivalent to the same amount.
B. On June 19, 2015, the Defendant: (a) borrowed KRW 140 million from the branch of the Small and Medium Business Corporation (Seoul metropolitan area) to the injured party located in the 27 North Korean metropolitan area (hereinafter “Seoul metropolitan area”); and (b) transferred one of the parts of the motor vehicle launching parts as security, upon obtaining a loan of KRW 140 million from the branch of the Small and Medium Business Corporation (hereinafter “Seoul metropolitan area”).
Therefore, Defendant 1 breached his duty of care as a good manager for the victim until the full repayment of the above loans is made. However, Defendant 2 violated his duty and sold the above machinery to the nameless person at the above company’s office around September 24, 2015 with the above machinery in the amount of KRW 80 million with the machinery described in the above paragraph (a), (2) 2-B, and (3), thereby obtaining pecuniary benefits of KRW 140 million from the victim and causing property damage equivalent to the same amount to the victim.
2. Embezzlement;
A. On May 4, 2015, the Defendant: (a) at a car F agency located in Busan-si E on May 4, 2015; (b) at the Hyundai Capital Co., Ltd. and G carn knife, the Defendant KRW 318 million in total; (c).