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A defendant shall be punished by imprisonment for seven months.
Reasons
Punishment of the crime
On January 30, 2015, the Defendant (hereinafter referred to as “C”) operated the parts manufacturing company C (hereinafter referred to as “C”) in Siposi-si, and was granted a loan of KRW 32 million from the Industrial Bank of Korea of the Victim’s Industrial Bank of Korea to set up a collateral for small and medium enterprise facilities funds, and around June 1, 2015, the Defendant offered a loan of KRW 70 million from the above damage to small and medium enterprise funds, and created a collateral security for small and medium enterprise facilities funds (WL-V-100, L-V-60) owned by C as a collateral.
Despite the duty to keep and manage the above machinery (hereinafter “the machinery of this case”) that was created as a security right until the victim redeems the loan pursuant to the aforementioned security contract, the Defendant continued to have been kept and managed with the duty of due care of a good manager, the Defendant transferred the said machinery to D (hereinafter “D”), a creditor of the Defendant at C factory, to obtain profits equivalent to the value of the said machinery, and caused damage equivalent to KRW 80,360,000,000,000,000,000 to the victim at the time.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, F and G;
1. Statement made by the prosecution against E;
1. Statement made by the police with H;
1. A written agreement on credit transactions and a written contract for the establishment of a neighboring right;
1. Investigation report (the confirmation of the loan principle) (the defendant and his defense counsel did not transfer the instant machinery to D, but D arbitrarily brought the instant machinery without the permission of the defendant.
However, in this Court, E and F, D employees, stated in this Court that “The consent or permission for the removal of the instant machinery from the Defendant before the removal of the machinery from the C plant was obtained,” and at the time, they were corrected as employees C at the time of the removal of the machinery.
A witness G who opened a door to the factory is also a witness G.