A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant, from November 9, 2006 to November 24, 2009, is a person who has been in general control over the above company’s affairs while working as E representative director of the company located in Seocho-gu Seoul Metropolitan Government D.

As the representative director E of a stock company, the Defendant had a duty to take appropriate and reasonable measures to recover the principal and interest of the company by undergoing internal procedures such as resolution of the board of directors to provide another person with credit such as lending of money, as well as adequate review of the repayment of principal and interest of others, and receiving considerable interest from others, etc., thereby not incurring any loss to the company, or preventing such risk.

Nevertheless, on December 19, 2006, the Defendant violated his duties, without having taken any means of securing claims, at the office E Co., Ltd.’s office, without obtaining the resolution of the board of directors, and without having taken any means of securing claims such as the provision of collateral, lent the above company’s funds 27,640,184 to F without compensation, and (2) on December 31, 2007, without taking any means of securing claims at the same place without obtaining the resolution of the board of directors in the same manner as above, the Defendant borrowed the company’s funds 127,640,184 won in total to G for borrowed money and made it impossible to collect claims, thereby gaining financial profits equivalent to each of the above funds to them, and causing property damage equivalent to the above company’s funds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Article 622(1) of the former Commercial Act (amended by Act No. 10600, Apr. 14, 2011; hereinafter “former Commercial Act”) on criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the suspension of execution