A defendant shall be punished by imprisonment for a term of one year and two months.

Criminal facts

From April 1, 2011, the Defendant operated D Co., Ltd. (hereinafter “D”) for the purpose of manufacturing heavy equipment parts in Kimhae-si, Kimhae-si.

Around March 23, 2012, the Defendant entered into a contract for facility leasing (lease) with the victim E Co., Ltd. (F) and one machine learning center (metallic machine, MACHINCNER), with the cost of KRW 86,000,000, contract period of KRW 48 months, monthly lease fee of KRW 1,739,000, and around that time, the Defendant installed the said machinery within the said D plant.

While the Defendant used the above machinery and kept for the victim on February 3, 2015, the Defendant arbitrarily sold the said machinery in KRW 30,000,000 to H representative of G company in order to cover losses incurred from defective products from defective products at the above office around February 3, 2015. From January 15, 2014 to February 3, 2015, four machinery kept for the victim from January 15, 2014 to February 3, 2015 were sold to others at will in total at KRW 268,00,000, and did not pay in total the outstanding principal other than advance payment for the said machinery.

Accordingly, the defendant embezzled the victim's property.

"2015 Highest 3365"

1. On March 25, 2013, the Defendant made a false statement to the victim I Co., Ltd., Ltd., a victim I (hereinafter “victim Co., Ltd.”) in the office located in Changwon-si, Changwon-si, MT Co., Ltd., Ltd. (hereinafter “the victim Co., Ltd.”). The victim Co., Ltd.’s representative director, who paid KRW 77 million to K, would sell MT (the model name MYX750) owned by D (hereinafter “instant machinery”).

However, in fact, the instant machinery was leased and used from D to E Co., Ltd. for 48 months on March 23, 2012, and was not owned by D, even though D, it was done as if D owned the instant machinery, and sold it to the victim company.

The defendant as above.