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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant was engaged in the business of manufacturing motor vehicle parts while operating the “C” in Kim Sea-si B.
On February 7, 2013, the Defendant purchased 5 machinery, such as “a 350 tons of Aluminium,” “a grosting machine (city 250 tons) with Aluminium,” “a grosting machine (city 250 tons) with Aluminium sea,” “a 500 km with Aluminium sea”, “a 90 km,” and “a grost compact shower” with the victim 300,000 won a sum of 720,000,000 won per month, and entered into a contract with the said victim for the purpose of securing the performance of the obligation.
Therefore, the duty of the defendant to keep the above machinery faithfully according to the above contract was generated.
However, without the consent of the victim, the Defendant sold the said machinery, thereby raising funds for the operation of the said “C”.
On October 23, 2013, the Defendant: (a) arbitrarily transferred all five of the above machinery provided as security, such as the list of crimes in the attached Form, to G located in Gangseo-gu Busan Metropolitan Government, and acquired 40,570,000 won as the price.
As a result, the Defendant violated his duty to keep 5 machinery, which is a security, and took advantage of the amount of 4,0570,000 won and suffered damages equivalent to the above amount.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of partially examining the suspect of the police against the defendant (including the D substitute part);
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on a complaint, full certificate of registered matters, and fair deed;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. Article 62 of the Criminal Act: