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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 28, 2012, upon receiving a loan of KRW 230 million from a victim’s science and technology credit cooperative, the Defendant offered seven set of golf equipment by means of transfer transfer, such as screen, etc. in Busan E, 201, and 202, the operation of the Defendant, by occupying and amending the said golf equipment. Despite the fact that there was a duty to faithfully manage the indoor golf course, the Defendant leased the said indoor golf course to G on May 15, 2014, caused G to dispose of the amount equivalent to KRW 150 million at the market price of three set of golf equipment (hereinafter “non-former”), which is a collateral, and to newly install and exchange new type of equipment (hereinafter “non-former”), thereby causing the damaged union to incur property damage equivalent to KRW 150,00,000,000 and to obtain property benefits equivalent to the same amount.
Summary of Evidence
1. Each legal statement of the witness H, G, and I;
1. A notarial deed, a list of security for transfer, and a balance sheet of commercial buildings;
1. Application of Acts and subordinate statutes of each investigation report (number 17,19)
1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act (amended by Act No. 186(1) of the Criminal Procedure Act) [the scope of recommending punishment] Type 2 (amended by Act No. 100,000 or less than KRW 500,00) [6-2] mitigation area (Special Mitigation] (amended by Act No. 1060, Jun-2, 200) or where considerable damage was restored [decision of sentencing], it is difficult to find color against
On the other hand, it is also recognized that the defendant agreed with the damaged union in the course of trial, such as the fact that the damaged union wanting to take the defendant against the defendant, the fact that the injured union does not seem to have been a planned criminal act, and the fact that there is no record of criminal punishment except twice a fine.
The above circumstances include the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records.