A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

"2015 Highest 890"

1. The Defendant in breach of trust is a person operating a “D” company engaged in mechanical accessory processing in Gangseo-gu Busan Metropolitan Government C.

On September 6, 2013, the Defendant entered into a contract with the victim E to supply scrap metal generated in D operated by the Defendant, when the victim E pays advance money in an amount equivalent to KRW 150 million to the Defendant in the old-gu office, the legal father office located in 15-gil-gu, Busan City.

In order to secure the above advance 150 million won, the defendant and the victim provided the victim with the total of 50 million won, such as two mining machines installed in a D factory (Sildo 1,400x 18,000, 1,200x1,600), one Ledalal 1 (Sinma 1600), two first half (Sinar 750-2000), and two first half (Sinar 750-2000, and MVV 600x1350), and the defendant agreed to continue to use the above machinery as a means of possession or alteration.

The Defendant received KRW 150 million from the victim as an advance payment in accordance with the above agreement, so there was a duty to keep the victim in custody until the advance payment is made so that the victim can achieve the purpose of the security.

On August 23, 2014, the Defendant violated the foregoing duties, and disposed of at will to H who run G companies located in the Gyeongnam Kimhae-siF.

Accordingly, the Defendant acquired property benefits equivalent to KRW 150 million in the above advance payment, and suffered damages equivalent to the same amount as the victim.

2. Embezzlement;

A. On October 11, 2013, at the D factory office operated by the Defendant in Gangseo-gu Busan Metropolitan Government, the Defendant entered into a lease contract with the victim E (O-M company, size: 2000, market price: 20 million won), and one CNC vertical Line (O-M company, model: TR2-10N, size: 100N, maximum processing period of 11,000, processing height of 700, market price of 100 million won) as the lease period of 2 years and monthly rent of 2 million won.

The defendant is a victim.