Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Criminal facts

Defendant

On May 29, 2015, A was sentenced to eight months of imprisonment due to occupational breach of trust, etc. by the Ulsan District Court, and the judgment became final and conclusive on September 10, 2015.

1. The Defendant, from September 1, 2009 to April 26, 2013, was in charge of the management of the Victim F Co., Ltd. F (hereinafter “victim”) that sells liquefied petroleum products, provides services, etc., and managed “H gas filling lawsuit” in Ulsan-gun G operated by the Victim Company directly by the Victim Company, and “J gas filling lawsuit” in the same Gun I. The Defendant’s wife from September 1, 2009 to the Defendant, while managing each gas filling lawsuit by the Victim Company with the Defendant, he/she served as the representative director of the said Victim Company from January 18, 2012 to April 26, 2013.

K as the representative director of the victim company on January 31, 2012, K filed an application for rehabilitation of the victim company with the Ulsan District Court on February 29, 2012 and was appointed as the administrator of the victim company on February 29, 2012. On June 18, 2012, after obtaining permission for sale from the rehabilitation court on November 2, 2012, K sold the above J gas charging and soil in KRW 2,950,000,000.

On the other hand, at the time of borrowing KRW 220 million from Han Bank on April 30, 2010, the Defendant jointly and severally guaranteed the Defendant’s obligation on behalf of the victim company. On March 29, 2013, the Defendant exercised the right of reimbursement for the said joint and several liability against the victim company in advance and transferred KRW 185,61,240 to the national bank account in the name of the Defendant, from the proceeds of gas filling and land purchase 2,950,000,000 as the amount of advance reimbursement.

The Defendant, as a guarantor to be entrusted by the victim company, received the principal obligation owed by the Defendant, a joint guarantor, to Han Bank Co., Ltd. from the victim company, and the interest already incurred, expenses not to be avoided, and other amount of damages. The Defendant is a good manager.