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Defendants shall be punished by imprisonment for ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A was the husband of G who is the representative director in the name of victim F, and the defendant B was the actual operator of the damaged company, and the defendant B was the auditor of the victim.
Defendant
B was required to pay the required funds for the repayment of the guaranteed obligation, and the Defendants intended to dispose of the shares of the victimized Company and prepare the funds, but H, who wishes to acquire the shares, demanded the victimized Company to deliver a document that the victimized Company is responsible for the implementation of the promise to pay profits, etc. from the victimized Company and the return of the shares price, etc. in the event of failure to perform the promise to pay the profits, etc., the victimized Company prepared the documents in its name, and
On August 13, 2008, the Defendants made an investment of KRW 300 million from H at the office of the victimized company located in Nam-gu Incheon Metropolitan City I, and made a statement of business investment that the victimized company will pay KRW 300 million to H if there is no profit due to business depression, etc., but the victimized company will pay to H the amount including the above KRW 300 million and the profit. On the same day, the Defendants made an authentic deed of business investment agreement (quasi-loan for consumption) at the office of the joint notary public located in Seo-gu Daejeon, Seo-gu, Daejeon, and delivered the above documents to H on August 14, 2008, and received KRW 300 million from H to the account of Defendant B’s bank.
Since the Defendants were the substantial representative director, etc. of the victimized company, they should not be held responsible for the disposal of the shares owned by the victimized company, in violation of the duty to be held by the victimized company, and therefore arbitrarily prepare and deliver a business investment understanding note, etc. to H, and receive the price of the shares, thereby acquiring financial benefits equivalent to the above amount, and inflict financial damage equivalent to the same amount on the victimized company.
Summary of Evidence
1. Defendants’ respective legal statements 1.1.