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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who, around 2015, operates the above company as the representative of the vessel manufacturing chain “C” in the Gyeongnam-si, Kim Jong-si.
around November 27, 2013, the Defendant entered into an agreement to provide a victim with the collateral value of the machinery owned by the Defendant (name: CNC Turling Co., Ltd.: : 1 set number: 1 set, quantity: 1 set, 28: 1 set, 80 million won: 1 set, 20 million won, and 80 million won): the Defendant was obligated to maintain the collateral value of the said machinery for the victim on the ground that he/she was given a loan of KRW 60,000,000 to the original Dong branch of the Seongbuk-gu E Bank located in Seongbuk-gu, Changwon-si, Changwon-si with the maturity of November 18, 2016.
Nevertheless, around February 2016, the Defendant: (a) disposed of the said machinery provided as security for transfer at the above workplace C without the consent of the victim; (b) thereby damaging the security value; (c) thereby causing damage to the victim’s debt balance amount to KRW 46,569,120; and (d) took profits equivalent to the said amount.
As a result, the defendant acquired economic benefits by violating his duty to preserve the security value of the transferred property as a person in charge of the affairs of the victim.
Around January 15, 2015, the Defendant entered into a lease agreement on the condition that “1,650,000 won shall be paid monthly rent of 1,260,000 won as down payment,” between the victim G Co., Ltd. and the victim G Co., Ltd. on the condition that “1,650,000 won shall be paid as down payment for the middle CNC wire (F 201 production, market price of 5,00,000 won) owned by the victim,” and then embezzled the victim’s property by arbitrarily delivering the said machinery to H around March 10, 2016, under the said agreement.
Summary of Evidence
[2018 Highest 1827]
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. A complaint (2018 Highest 2214);
1. The defendant;