beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who operates B and C which manufactures mobile phone cases.
1. On April 8, 2015, the Defendant entered into a contract with the victim E Co., Ltd. and the victim E Co., Ltd., the four units of CONVEYOR, the four units of CHUCKPATR, and the four units of CHUCR at an office located in Orcheon-gu, Busan. In addition, the Defendant entered into a contract with the victim E Co., Ltd. to receive KRW 44 million in total.
After that, on April 24, 2015, the Defendant: (a) prepared a process deed of money consumption and loan contract on the condition that the ownership of the said goods owned by the Defendant is transferred to the victim by means of the occupancy revision in the office of G Law Firm, 2nd floor located in Seoul, Yangcheon-gu, Seoul, under the condition that the ownership of the said goods is transferred to the victim; and (b) the Defendant did not perform an act of unreasonably reducing the value of the said goods, such as disposing of the said machinery, which is the object of the transfer security.
In violation of the above duties, the Defendant transferred the ownership of the machinery that received as above to the purchaser of the machinery on March 2016, 2016, on the 2nd floor, from Non-Acheon-si H building and the second floor.
Accordingly, the defendant acquired property benefits to lose the security of the above 44 million won, and suffered property damages equivalent to the same amount from the victim.
2. On June 28, 2016, the Defendant: (a) entered into a lease agreement with the victim Down-gu I Co., Ltd., Ltd. (170 tons) on three occasions, namely, the lease amount of KRW 54 million; (b) contract deposit amount of KRW 21,600,00; (c) monthly lease period of KRW 36 months; and (d) monthly lease amount of KRW 1,044,80; and (b) entered into the lease agreement with the victim on the same day to the effect that the said machinery shall not be transferred to a third party or the installation of the machinery shall not be moved; and (c) on the same day on July 29, 2016, the Defendant received the delivery of the said machinery on the same day; (d) lease amount of KRW 42,200,000,000,000 between the victim and the victim.