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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who operated C Co., Ltd. (hereinafter referred to as “C”) for the purpose of the manufacture of plastics and the research and development of plastic materials in Yongcheon-si.
On August 14, 2013, the Defendant and its partner: (a) at the Youngcheon-si, Youngcheon-si, the Defendant and the Defendant and the partner obtained a loan of KRW 2.2 billion from the injured party as a fund for purchasing machinery and tools; (b) concluded a mortgage contract with the injured party and C as collateral the maximum amount of KRW 3.8.4 billion against the injured party’s claim-to-mortgage; and (c) on February 12, 2014, concluded a contract to change the right to collateral with C as collateral under Article 6 of the Act on Mortgage on Factories and Mining Foundations; and (d) the Defendant did not transfer the machines and apparatus within C, which were the object of the mortgage pursuant to the aforementioned agreement on mortgage between factories and mining foundations, to any other person or establish a pledge.
Nevertheless, on March 17, 2016, in violation of the foregoing duties, the Defendant entered into a mechanical sales contract with the Plaintiff for the Micro Dicro Dicrosymmy machine (an appraised appraised value of KRW 852,00,000) and the first unit (an appraisal value of KRW 249,000,000), which is the machinery and equipment of the Plaintiff, at the F Office in Yongcheon-si, in violation of the said duties, and around May 26, 2016, the Defendant transferred the said machinery and equipment to G, and received KRW 32,175,000 in total, and received KRW 32,175,000 from the Plaintiff, and caused damage equivalent to KRW 1,101,000,000.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Each police statement made to H and I;
1. As a result of inquiry into a credit transaction agreement, a mortgage creation agreement, a collateral security alteration agreement, a detailed statement of appraisal of machinery and tools, and a detailed statement of deposit and withdrawal transactions, the electronic tax account statement;