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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 18, 2014, the Defendant entered into a security contract for the transfer of 160 million won, which was loaned from the previous injured party, at the point of sale of the injured party Industrial Bank of Korea located in Changwon-si's counter 420, as of April 18, 2014, at the Mynx 650/50) of the machine learning center owned by the Defendant (manufacturer: two infrastructure Co., Ltd., and model name: Mynx 650/50), and one CNC smuggling manufacturer (Mynx : S&T Industry Co., Ltd., and model name: TNM-5S) as security. As such, the Defendant fulfilled its duty of due care as a good manager to use, preserve, and manage the subject-matter of the transfer until the repayment of the loan, and did not dispose of the value of the subject-matter of the transfer as security, such as the collateral.
However, the defendant violated the above duties and around January 9, 2016, at D factories operated by the defendant in Hahnam-gun, Hahnam-gun, and around January 9, 2016, the defendant sold at will one of the above machine learning center and one of the CNC smugglinging machine sales with the victim as collateral, and acquired property benefits equivalent to KRW 65 million, and suffered damages equivalent to the same amount as the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint;
1. The application of Acts and subordinate statutes concerning a credit transaction agreement, a security agreement for transfer, and a statement of business trip;
1. Determination of sentence in light of the pertinent Article of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts and the reasons for sentencing [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] No person who has no basic area ( April to January to April 4) [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentence] 8 months (the amount of damage in this case, the amount agreed with the victim, or the fact that the damage was not recovered properly, the sentence of sentence against the defendant is inevitable.
However, the fact that the defendant recognizes his mistake and reflects, does not have any power, and supports the mother.