A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

From February 3, 2015, the Defendant is the representative director of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in macro-si B (hereinafter “victim Co., Ltd”) from February 3, 2015, who takes charge of the affairs

As a major shareholder (50%) and representative director of C, the Defendant had a duty to manage the land D and E (hereinafter “instant land”) located in the victim company, which is almost the only property of the victim company, according to its original business purpose.

1. On January 30, 2018, the Defendant: (a) borrowed KRW 100 million from Jin-gu, Daegu District; (b) borrowed KRW 100 million from Jin-gu, the Defendant established a right to collateral security at the maximum amount of KRW 400 million on the instant land owned by the Victim Company.

Accordingly, the defendant obtained property benefits equivalent to the security value to the neighboring mortgagee and suffered property damage equivalent to the same amount from the victim company.

2. Although the charges of changing the crime committed on August 30, 2018 referred to as “the crime committed on August 10, 2018,” it is reasonable to view the date and time of the crime as around August 30, 2018, which is the date of registration of the establishment of a right to collateral security, as the date and time of the crime is deemed to be around August 30, 2018, it is ex officio corrected to the extent that

Although the Defendant needs to borrow money under the name of personal debt, the Defendant borrowed KRW 100 million from F, and around August 10, 2018, the Defendant created a right to collateral security of KRW 120 million on the instant land owned by the victim company on August 30, 2018.

Accordingly, the defendant obtained property benefits equivalent to the security value to the neighboring mortgagee and suffered property damage equivalent to the same amount from the victim company.

Summary of Evidence

1. The defendant's legal statement J, a written agreement on investment in a certified copy of the corporate registry in each police statement made by the police against I, as a certified copy of the real estate registry.