A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who actually operates a construction company B and C, which is a construction company, and the victim E is a person who operates a steel company, a steel company, in Seoul Special Metropolitan City, the Seoul Special Metropolitan City Gwanak-gu.

On April 28, 2016, the Defendant entered into a lease agreement with the victim to borrow steel materials of an amount equivalent to KRW 83,00,000 at the market price for a new construction of “H hotel” in the aforesaid office of the Dispute Resolution Co., Ltd., and received the said steel materials from the victim until July 28, 2016.

The Defendant agreed to purchase the remainder of steel materials, other than steel materials equivalent to approximately KRW 10,000,000 among the steel materials recovered from the victim in consultation with the Defendant, at a place where it is unknown on or around August 30, 2016, from the victim’s purchase price of KRW 80,000 (the remainder of KRW 7,000,000, the remainder of KRW 73,000,000). The Defendant paid the down payment to the victim on September 13, 2016, and September 30, 2016, each of the remainder of KRW 80,000,000, which is the remainder payment date, shall be exempted, and if all the remainder of the steel materials were paid by September 30, 2016, the unpaid steel materials accrued until the date are paid, the Defendant agreed to pay the remainder of the steel materials to the victim plus the above rent of KRW 930,00,00,00,00.

In the facts charged, the defendant possessed the said steel products based on the lease agreement, and comprehensively taking account of the evidence duly adopted and examined by this court, it cannot be deemed that the legal relationship based on the lease agreement for the said steel products was terminated or the defendant expressed a real right declaration to transfer ownership of the said steel products at the time of conclusion of the sale agreement, even if the victim was not paid all the price at the time of the conclusion of the sale agreement. Thus, the ownership of the said steel products to the defendant as well as the third party is owned by the victim.

Therefore, the legal relationship in the case of delivering movable property based on the sales contract before the purchase price is fully paid.