A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From around 2008, the Defendant was the representative director of C Co., Ltd. (hereinafter referred to as “C”) which manufactures electronic Dockes and D Co., Ltd. (hereinafter referred to as “D”), who actually operated the said company. Around August 2009, the Defendant agreed to establish a new company with E, etc. upon receiving investment from F Co., Ltd., which is operated by E, and agreed to establish a new company with E, under the pretext of running the Mocco export business. Around October 2009, the Defendant established a company with F Co., Ltd., Ltd. (hereinafter referred to as “victim”) by investing KRW 50 million from E in capital, and registered as a victim G Co., Ltd. (hereinafter referred to as “victim”), and the Defendant, as the representative director of the victimized company, has overall control over the management and execution business as a representative director of the company.

When the management of D and C which the defendant operated at the time led to the deterioration of the management of D and C, the defendant lent the capital of the damaged company to D and C as a collateral without any security, and had the victim company used it to use it for operating funds and repayment of debts of D and C.

On March 2, 2010, the Defendant, as a manager of the victimized Company’s capital, exercised a loan of the victimized Company, after carefully examining the credit, transaction performance, property status, etc. of the name of the lender, and taking measures such as receiving security against the loan, and thus, violated his/her duty to secure the recovery of the loan, and thus, made a loan to C without being offered any security to the damaged Company’s capital amounting to KRW 5 million, which is difficult to manage its management without a resolution of the board of directors.

In addition, the Defendant’s funds worth KRW 36 million of the victimized Company’s capital on March 8, 2010, KRW 10 million to C on March 10, 2010, KRW 10 million of the victimized Company’s funds to D on April 30, 2010, KRW 100 million of the victimized Company’s funds to D on May 17, 2010, and KRW 2 million of the victimized Company’s funds to D on May 17, 2010.