beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On February 2, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the crime of embezzlement in the Daegu District Court Kimcheon Branch on August 2, 2012, and the judgment became final and conclusive on June 30, 2012.
【Criminal Facts】
1. An offense against a victim's second Capital Co., Ltd. (hereinafter referred to as " second Capital");
A. The Defendant: (a) was a person who actually operated a (State) D in the Gumi-si City; (b) installed equipment through leases from E and financial institutions that operated (State) D with the Defendant due to financial difficulties in operating the (State) D; and (c) raised funds by immediately selling it to others.
Around June 28, 2010, the Defendant and E entered into a lease agreement with the victim (owner) Dugsan Capital and the Secondhand SDR-850) at the old-si F plant, and sold the said machinery (1.54 million won) to the G, which was introduced by E, to repay the Defendant’s personal debt on or around July 6, 2010, while taking over the said machinery on or around June 29, 2010 and being kept for the victim at the said plant.
Accordingly, the defendant embezzled the victim's property in collusion with E.
B. When concluding a lease contract with the victim as mentioned in the foregoing paragraph (a), the Defendant entered into an additional contract for providing the victim with one of the MM 70 (85 million won) from among the MM 70 as collateral for the lease contract.
According to the above agreement, the Defendant had a duty to properly keep and manage the machinery so that the victim, who is a mortgagee, can achieve the security purpose.
Nevertheless, in violation of the above duties, the Defendant organized a partnership with H around September 27, 2010, and acquired a property interest of approximately KRW 85 million as a settlement money from H with the said machinery at will as a settlement money, and suffered a loss equivalent to the same amount from the said victim.
2. The victim corporation;