A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a person who operates E in Gyeonggi-do D.

On July 12, 2016, the Defendant sold to the victim E office, 4 Mask fact-finding (M 4160173, M 4160172, M 4160169, M 4160137), which was established in the said place, to the victim F, for total amount of KRW 400 million, and continued to keep them.

On August 29, 2016, when the Defendant obtained a loan of KRW 500 million from a corporate bank, the Defendant embezzled four of the impulses owned by the victim by setting up and granting a security right to the said amount to the corporate bank as collateral for the above loans.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, H, I, J, and K;

1. Statement by the police concerning L;

1. Basic contract for processing, a detailed statement of passbook, and reply to a request for investigation cooperation;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel merely leased the machinery of this case from the defendant and provided the defendant with 400 million won as a deposit for the clinical process, and they did not sell the machinery of this case to the victim.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant sold the instant machinery to the victim, and the Defendant’s factory, who kept the instant machinery, was an implied deposit contract with the victim regarding the instant machinery.

In addition, it is reasonable to view that the machinery of this case was provided as security to the financial institution without the consent of the victim. Therefore, the above argument is without merit.

The victim purchased four machinery from the Defendant from the investigative agency to the present court, with the machinery installed in the Defendant’s factory, and used the machinery, thereby putting cosmetic liquids in the Masp fact-finding work Masp bags from the Defendant.