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1. Defendant A shall be punished by imprisonment for three years and by a fine of 1,000,000 won.
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
On June 10, 2013, Defendant A, as a person who operates G in Gangseo-gu Busan, Busan, and entered into a contract for the lease of industrial machinery and equipment (hereinafter “lease”) with the victim company, Inc. at the above G office, and was handed over by the victim company one machine of high speed line of 1300 & 8000 (1987 Form) at the victim company (80 million won at the market price).
The contents of the above lease agreement are that the victim company shall lend the above machinery to the defendant with the lease fee of 6,341,750 won every month for 48 months from the date of the above contract, and the defendant shall use the above machinery with the care of a good manager, and the defendant shall not transfer the above machinery to another person without the victim's prior written consent.
Around October 2013, while the Defendant kept the above machinery for the victim, the Defendant arbitrarily sold the said machinery from the above G to the person who was not in the name of the victim and embezzled the said machinery in the amount of KRW 25 million.
Defendant A and B, together from August 2010 to March 201, operated a manufacturer of parts used for nuclear power facilities under the trade name of “G” at the factory located in Gangseo-gu Busan Metropolitan Government from August 2010 to March 201. After the liquidation of a partnership, Defendant A independently operated a manufacturer of parts with the trade name of “G” at the factory located in Gangseo-gu Busan Metropolitan Government from May 201 to August 2013, and with the trade name of “G” at the factory located in Gangseo-gu Busan Metropolitan Government from August 2013 to December 2013.
1. Defendant A, on May 2013, concluded a lease agreement with the Defendant on the following grounds: (a) the Defendants’ joint criminal conduct (the purchase price of KRW 42 million) (the purchase price of KRW 42 million) used one Boling machine (the model: D 130E) at the G factory office located in Gangseo-gu Busan, Busan, on the condition that the Defendants would pay KRW 3 million per month from I; and (b) the market price of which is equivalent to KRW 60 million per month from I, under the condition that the Defendants would purchase the Boing machine from the Defendant B.