A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is the representative director of the damaged corporation (ju)D, who is in charge of overall business management of the company.

On December 28, 2009, when the Defendant operated the damaged corporation, the Defendant managed the insurance claim that can claim KRW 343,824,199 in total amount of insurance money against the Eastern Fire & Marine Insurance (owner) due to fire in four parts, such as “I,” in the Seocho-gu Seoul Metropolitan Government E, F and H H building located in Seocho-gu.

The defendant has a duty to preserve and manage the assets of the corporation, such as insurance claims, in a manner that does not infringe the interests of the damaged corporation as the representative director of the damaged corporation.

Nevertheless, on May 3, 2012, the Defendant violated such duties and set up a pledge of KRW 8,60,000,000,000 as the total amount of the secured claim against the above insurance claim to the creditor of the (ju) JJ separately operated by the Defendant at a non-place.

On the 4th of the same month, the Defendant continued to set up a pledge of KRW 2,50,000,000 on the said insurance claim to K with the creditors of the said stateJ.

Accordingly, the Defendant (State) obtained property benefits equivalent to 343,824,199 won in aggregate of the above insured amount, and K obtained property benefits equivalent to 250,000 won in addition to 343,824,199, and each damaged corporation suffered property damages equivalent to 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Insurance policies; and

1. The defense counsel's defense counsel's claim on the written judgment (38-42 pages) is subject to seizure and pledge of KRW 415,305,311, each exceeding the amount of insurance proceeds to the right to claim insurance money already determined prior to the establishment of each pledge in the judgment of the defendant. Thus, even if the defendant establishes each pledge in the judgment, no property damage has occurred to the victimized juristic person.