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A defendant shall be punished by imprisonment for one year.
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
1. The Defendant is a de facto operator of Da in Sung-gu, Sungwon-gu.
On September 24, 2013, the Defendant entered into a lease agreement with BNK Capital Co., Ltd., a complainant, to pay 18,000,000 won each month in installments for 48 months from November 31, 2017, and agreed to keep and use the said machinery for 18,00,000 won each month.
In October 2015, the Defendant paid KRW 66,654,656 out of the above loans and did not repay the remainder of KRW 85,827,159, but sold at will on the transaction of used machines, while the Defendant kept one unit of the said MCR-MT-MT-MT-MMM-MT-SPSPSSSU.
As a result, the Defendant embezzled by voluntarily disposing of goods owned by the complainant while keeping them.
2. Around August 28, 2014, the Defendant purchased at KRW 258,336,470, one of the CNC preference (a model name HI-ECH 200A) from the complainants in the foregoing D, and the price shall be KRW 237,146,418, and the price shall be KRW 237,146,418, and the price shall be KRW 2,79,942, Oct. 10, 2014; KRW 1,980,580, and KRW 580, Oct. 10, 2014 to March 10, 2015; and KRW 257,575,710, and the price shall be paid every month to the complainants in the same manner as security during the period from November 31, 2018 to September 25, 2015.
Although the Defendant did not impair the value of the above line that was provided as security by faithfully managing it, the Defendant violated his/her duty and sold the above line amount of KRW 45,739,480, out of the above price, to 30 million in transactions, even though it did not repay the remainder of KRW 245,737,787 on October 2015.
Accordingly, the Defendant disposed of the above line in violation of his duties, thereby causing property damage equivalent to KRW 245,737,787 to the complainant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The investigation report (related to the confirmation of the facts that the complainant has filed) 1.