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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On January 9, 2020, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud, etc. at the Changwon District Court, which became final and conclusive on January 17, 2020.
around February 19, 2013, the Defendant entered into a lease agreement with the victim B Co., Ltd. on a total of KRW 500 million CNC 5 stable air and MTC 1, which are the market value owned by the victim company, and around that time, kept the said machinery delivered by the victim company.
After that, around June 2013, the Defendant sold the five fC 1 unit air to a name-free person who operates C at the above factory, and sold the MC 1 unit to a name-free person who operates D at KRW 50 million.
As a result, the Defendant arbitrarily disposed of two lease machinery equivalent to the total amount of 500 million won in the market and embezzled.
"2020 Gohap46"
1. Around April 2013, the Defendant stated to the effect that, “F Office of Defendant’s operation in Kimhae-si, the Defendant would supply 200-600 charters of factory machinery to “I,” and that, “I will change the name of ggpher as the actual inspection is completed” to the victim H operating “G” in the “F Office of Defendant’s operation in Kimhae-si, Kim Jong-si,” the Defendant would not be capable of purchasing the gphere because the credit of “I” is not good.
However, the defendant did not have the ability or intention to change the name of the lessee (debtor) of the facility leasing contract or to pay the lease fee even after the actual inspection is completed due to the difficult relationship between the company financing situation and the actual inspection.
As such, the Defendant, by deceiving the victim, had the victim enter into a facility leasing agreement with B in the name of the victim, had the victim bear the obligation to pay lease fees, and did not pay lease fees by March 16, 2015, and did not pay lease fees of KRW 135,261,594 after paying lease fees.
2. The Defendant on April 30, 2014.