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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On April 21, 2017, the Defendant appealed from the Suwon District Court on three years after having been sentenced to imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence). However, on August 17, 2017, the Seoul High Court sentenced the dismissal of appeal to the effect that the judgment became final and conclusive on August 25, 2017.
[Criminal facts]
1. From October 2009, the Defendant received funds from the victim B and C from the victim B and the Defendant started to operate the chip of the Defendant’s possession in Ansan-si with them.
Around December 15, 2009, the Defendant entered into an agreement with the victim and C to transfer all of the facilities and fixtures therein to the victim and C by occupying and amending them as collateral for investment funds of the victim and C. On January 25, 2010, the Defendant entered into an agreement with the victim on the transfer of KRW 40,000,000 to E by means of possession and amendment of possession as collateral for the right of indemnity. Since the victim left from the partnership relationship around April 2010, the victim paid full amounts of KRW 36,957,260 invested by C, and acquired the rights to all the facilities and fixtures within C, and then acquired the rights to both the above quantitative head and the facilities and fixtures within C as collateral for the right of indemnity.
As the Defendant provided the object owned by the Defendant as collateral to the victim, the Defendant had a duty to preserve the object of transfer-backed security so that the victim can achieve the purpose of the security by paying out the agreed amount to the victim.
Nevertheless, the Defendant around May 25, 201, instead of acquiring G’s debt amounting to KRW 98.5 million with respect to the Defendant’s debt amounting to KRW 98.5 million with respect to the Defendant’s land owner G and the above Gyeyang at the above Yang Yang Yang Yang Yangyang, up to June 30, 2012, up to June 30, 201, together with the above Yang Yangyang and the facilities and the joints of the said joints (three containers, five containers, five high pressure weapons, five high pressure weapons, and five compacts.