However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

A victim D farming association corporation (hereinafter “victim D”) is a corporation with the purpose of agricultural management and incidental business in Ansan-si, and the defendant is a representative director of the victim corporation from around 2007 to April 2015, who has overall control over the management and operation of the corporation as the representative director of the victim corporation.

Although the defendant, as the representative director of the victim corporation, has a duty not to inflict property damage on the victim corporation, it is difficult to operate the F Co., Ltd. F, which he operated separately, and in contrast, he received loans from the victim corporation with good credit standing, and received loans from the victim corporation to use them for the above F Co., Ltd.'s operating fund.

On October 8, 2013, the Defendant received loans of KRW 170 million from the Industrial Bank of Korea located in Ansan-si, which had been extended to KRW 8,00,000,000 to the above H’s account as if there was a transaction with H, which was operated by G, with the Defendant’s lending of KRW 170,000,000 to the above H’s account. On October 8, 2013, the Defendant again transferred the said KRW 170,000 to the above F’s account, and then used the said money to pay KRW 145,680,513 to the said F’s customer around October 8, 2013.

As a result, the Defendant acquired financial benefits equivalent to KRW 170 million from the loans to F Co., Ltd., and suffered a loss equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made to I by the police;

1. The written resolution for each disbursement, a statement of transfer, a written agreement for credit transaction, details of transactions of each passbook, application of tax-related Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria (the scope of the recommended punishment);