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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
2015 Highest 5197
1. On August 29, 2013, the Defendant entered into a rental agreement with the victim non-SP Capital Co., Ltd. (hereinafter “NonNNF Capital Co., Ltd.”) to pay 1,6150,000 won (HL950-300) of the market price as monthly rent at KRW 2,594,000 per 10,000 per month and to rent 48 months until August 28, 2017.
After entering into a rental contract, the Defendant arbitrarily sold the Seocheon Line (HL950-3000) after receiving KRW 45 million from the first half of January 2015, while keeping it in F, a stock company in the operation of the Defendant located in Seo-gu Incheon, Seo-gu, Incheon.
Accordingly, the defendant embezzled the victim's property.
2. Around November 17, 2014, the Defendant, in breach of trust, transferred two parts of a criminal-purpose team (a model name: HL-580) owned by the Defendant as collateral to the victim, with a view to securing the Defendant’s debt against H’s non-SP Capital Co., Ltd. (a model name: YL-580).
Pursuant to the transfer collateral agreement, the Defendant had a duty to preserve the subject matter of transfer collateral by fulfilling his/her duty of care as a good manager until H performs his/her obligation as a good manager.
Nevertheless, on December 2014, the Defendant violated this duty, transferred 14 million won as repayment to the bond company with whom it is impossible to know the name of 14 million won, among the collateral items transferred to police officers, and sold 20 million won as the remainder of the collateral items to G on January 2015.
Accordingly, the defendant acquired the financial benefits equivalent to KRW 34 million, and suffered the same amount as the victim.
On October 15, 2012, Defendant 2011 entered into a lease agreement on the condition that the sum of the market value of the victim's effective capital stock company and the victim's effective capital stock company will be approximately KRW 80,000 (HL720-300, HL580-200) and one machine (BR-1) will be paid in 2.58,606 won each month between 36 months.