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

Punishment of the crime

On December 22, 2011, the Defendant, as the representative director of C Co., Ltd. who processes shipbuilding engine parts, insufficient company funds, provided four machinery only to D, the owner of a factory building, as security for transfer, and did not repay 100 million won, and thus, should be appropriated as short-term loan obligations. However, on December 201, 201, the financial statements as of December 2, 201, when the Defendant, the representative director, borrowed the funds from the company, as long as the Defendant borrowed the funds from the company, the third party’s liabilities to the third party were fully preserved in the amount of 40 million won. However, since around November 201, 201, it was repeated that KRW 60,000 of long-term loan obligations were partially released from the company’s account by paying health insurance fees to D, which was the sole asset of the company. Furthermore, when the Defendant borrowed the funds from the existing E Co., Ltd. under the pretext of purchasing the funds from the company, the seller would decrease the funds from the company.

1. On April 20, 2012, the Defendant stated that “The Defendant would provide the victim with the machinery of KRW 100 million (P/MRB-4N) equivalent to KRW 250,000,00 in the market price, which was installed at the factory to secure advance payment.”

However, the fact was that the aforementioned flass machine was offered as a security by borrowing KRW 100 million to D on December 22, 201, and thus, it could not be offered as security to the victim, and it was urged that the daily reduction was impossible to repay the debt due to the decrease.