A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant was the representative director of F Co., Ltd. (hereinafter referred to as “F”) located in Busan Shipping Daegu E and 1901.

On October 7, 2008, the Defendant (hereinafter “H”) decided to work together with G and invested KRW 750,000,000 per each party, and jointly established H (hereinafter “H”) a corporation for the manufacture of steel products and trade-related business, and worked as a representative director who performs overall control over the operation of the company.

On October 26, 2010, the Defendant: (a) was unable to raise money in the H office located in Busan Shipping Daegu E-gu in order to raise money by borrowing KRW 900 million from the victim H; and (b) the Defendant was willing to raise money by borrowing KRW 900 million from the victim H.

In this case, the defendant in consultation with G as a joint equity holder of a corporation, and even if there are occupational duties to take measures to secure claims, such as securing collateral, so that the victim does not incur any loss, he/she could not recover the borrowed amount by simply lending KRW 900,000 of the victim's funds to F in violation of such duties, and then selling or disposing of the F's assets.

Accordingly, the Defendant obtained F the pecuniary advantage equivalent to KRW 900 million from the borrowed money to the victim, thereby causing property loss equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes concerning filing of a complaint, e-mail and attachment files, copies of passbooks, investigation reports (data, such as the register of shareholders), list of shareholders, copies of certificates, and specifications of transactions

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Articles 356 and 355(2) of the Criminal Act concerning criminal facts

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Imprisonment with prison labor for not less than one year and six months and 15 years, within the scope of punishment by law; and

2. The sentencing criteria are set;