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Defendant
A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by a fine of five thousand won,00,000 won.
Defendant
Co., Ltd.
Reasons
Punishment of the crime
Some revisions were made according to the facts recognized within the extent that does not actually disadvantage the defendant's exercise of defense right.
Defendant A is a person who actually operated a stock company B (hereinafter “B”) from around 2009 to December 2016, Defendant A (i.e., “stock company” from the time of the second name to the time of the second name).
C since July 10, 2015, since it has worked as the representative director of the victim D Co., Ltd. from around July 10, 2015, there was a duty to preserve and appropriately manage the assets of the victim company.
C In violation of the above duties, around January 2016, at the representative director office of the victim company, B entered into a standard contract for private construction works as of December 8, 2015 with the victim company that B would receive a contract for the said new construction works from the victim company, even though B did not have received a contract for the new construction works in Ansan from the victim company, B would have to receive a contract for the said new construction works from the victim company (the balance of KRW 250,000,000, the remainder of KRW 250,000).
Since then C issued to B electronic sales bonds equivalent to KRW 500,000,000 in total amount of KRW 250,000,000 on two occasions as the name of the above construction cost.
Defendant
A obtained a loan from an enterprise bank of the same amount as the above credit sales loans as security, and deposited 494,717,028 won in total as B's account, and deposited 87,000,000 won in B's account on December 16, 2015 (the interest amount of KRW 1,660,000,000,000,000 won on January 19, 2016), and transferred 494,717,028 won in total to B's account on January 19, 206 (the interest amount of KRW 3,62,782,00,000,000, and KRW 150,000,000,000,000,000 won on January 19, 2016, 307,007,000 won on the other bank's account.
Accordingly, the defendant A, in collusion with C, obtained property benefits equivalent to the sum of KRW 500,000,000 in the above loan amount, and suffered property damage equivalent to that of the victim company.