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A defendant shall be punished by imprisonment with prison labor for ten months and a fine of eight hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. On January 9, 2012, the Defendant violated the Building Act: (a) set up a steel-frame structure pole at the “F office” of the Defendant’s operation in Silung-si, E without reporting to the competent authorities; and (b) extended the board board on the outer wall and floor to approximately 79.2 square meters.
2. The Defendant in violation of the Parking Lot Act did not maintain the original function of an attached parking lot by installing a 12 square meter of a 12 square meter in an outdoor parking lot attached to the “F” office in around 2014, as a warehouse.
3. From July 30, 2013 to January 24, 2014, the Defendant entered into a lease agreement with the victim CTR Capital Co., Ltd. and the victim’s 10 machinery, such as LM300 racers, with the term of KRW 542 million, with the term of redemption of KRW 36 months, on the condition that the damaged person has ownership of the leased article, and received the said machinery from the injured person as shown in the attached list.
At the time of committing the crime on March 16, 2016, the Defendant changed the indictment to the effect that the market price is 324 million won in total at the time of committing the crime.
It is recognized that the facts stated in F10,000,000 won of the value of 32,400,000 won of the above machine around January 26, 2015, on the medium and high-value reply sheet, value assessment sheet, and value-added e-mail submitted by the prosecutor.
However, each of the above evidence is calculated by applying the high-value ratio based on the period of time to the mechanical price at the time of lease execution from the victim's Korean CTR Capital (the trade name after the change: Osh Capital Co., Ltd.). Therefore, it is difficult to recognize that the total market value of the above 10 machinery at the time of providing transfer security was KRW 324 million solely with the above evidence.
However, the defendant and his defense counsel recognized the fact that the total market value is about KRW 200 million at the time of providing the above machinery as security.