A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Criminal facts

D is the chairperson of E Co., Ltd. (hereinafter referred to as “E”), the victim F Co., Ltd. (hereinafter referred to as “F”), and the actual owner of G Co., Ltd. (hereinafter referred to as “G”), H is the F’s representative director, and H is the E’s representative director, and the J is the representative director, and the Defendant is the E, F, and G’s funds and accounts.

E is a corporation established for the purpose of housing construction business, etc. on March 16, 1984. As of 1997, the construction company above K with the contract priority in Incheon, or on October 12, 1998, due to the low-sale of apartment and housing, the payment was ultimately defaulted, and on May 28, 199, the Incheon District Court rendered a decision to commence the procedure of composition (98oo 83) at the Incheon District Court.

D The amount of reported credit reaches KRW 8,05.1 billion at the time of the decision to commence the procedure of the composition in 1999, and the amount of remaining credit after October 20, 2015 reaches KRW 69.6 billion, and was an affiliate of E, even though it is difficult to perform normal management due to E’s ability, such as the amount of remaining credit after October 20, 2015 reaches KRW 69.6 billion.

Using F, G, etc., it is intended to continuously promote the apartment sale business, such as apartment buildings, and H as F’s representative director, as E’s representative director, J as G’s representative director, Defendant E, F and G’s funds and accounts, with intent to enjoy personal benefits while continuously exercising influence over three corporations, such as E.

On the other hand, on April 18, 1997, the F is a corporation incorporated under the trade name of L corporation, the business purpose of which is housing construction, real estate sale, lease, etc., and changed the trade name to M Co., Ltd. (hereinafter “M”) on October 17, 2002, and F on February 20, 2006. H was in charge of F’s business as the representative director from October 8, 2003 to October 21, 201, and H was in charge of F’s capital and accounting as the non-standing executive officer from around June 10, 2006 to around October 21, 201.

F is about N Co., Ltd. on April 16, 2004 (hereinafter referred to as “N”) and the Incheon O Apartment Construction Corporation.