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A defendant shall be punished by imprisonment for four months.
The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative who operated a manufacturing factory of presses with the trade name "C" in Busan-gun B, and operated the scrap metal from March 26, 2012 to December 9, 2013.
D) Although 220,000,000 won was delivered from D as advance payment for scrap metal, the victim E was agreed to make a change due to his death, and the victim E was supplied with scrap metal equivalent to KRW 40,000,000 from January 2014 to June 2014, and paid KRW 170,000,000 by paying KRW 10,000.
On September 1, 2014, the Defendant agreed to provide the victim with advance payment of KRW 170,00,000 to July 31, 2015, at a notary public G office located in Busan F. F. F. 209, the Defendant: (a) agreed to provide the victim with advance payment of KRW 170,00,000 to the victim; (b) for the security, five machinery (name and size: 200 tons of Medicar, 110 tons of Medicar (three-kn), 80 tons of Medicar (three-kn, 80 tons of Medicar), Madi F. F. 7 x 15 x 15 x 15) as security; and (c) thus, the transferor secured the duty to have the victim keep the object of the security.
Nevertheless, on June 19, 2016, the Defendant violated his/her duties and sold 5 machinery offered as security by taking approximately KRW 25,000,000 from I located in the Gangseo-gu Busan Metropolitan Government H to J, and sells 25,000,000 to J, thereby gaining pecuniary profits equivalent to the above amount, and causing damage to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on a process deed and trading contract;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Class 1 (100 million won) of the mitigated area (one month to ten months) [the person who has been specially mitigated] of the mitigated area, or the case where significant damage was restored (the decision of sentencing] of the defendant in violation of his/her duties, is significant to the victim.