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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 31, 2007, the defendant was appointed as the representative director of the victim D Co., Ltd established for the purpose of manufacturing and selling clothes in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

The Defendant and the Victim Company E, the former representative director of the Defendant and the Victim Company, hold 30,000 shares equivalent to 50% of the total shares issued by the Company, respectively, and transfer 30,000 shares owned by E to F around June 30, 208, and the Defendant and F became the joint shareholders of the said Company.

In order to transfer all or part of the business of the victim company, the defendant has a duty to prevent property damage of the company by obtaining a resolution of the general meeting of shareholders with which at least 2/3 of the voting rights of the shareholders present at the meeting and at least 1/3 of the total number of issued and outstanding shares shall be paid for a reasonable consideration

Nevertheless, on July 30, 2008, the defendant violated his duties and without going through a resolution of the general meeting of shareholders, and registered the transfer of one design in the name of the defendant at the above victim company office located underground in the middle-gu Seoul Special Metropolitan City Jung-gu Seoul Metropolitan City Office of the victim company with respect to the unregistered market price of the victim company.

(See Investigation Records 265 pages). The victim company transferred 21 trademark rights of the victim company, such as those listed in the list of crimes and the annexed list, to the defendant, acquired economic benefits, and caused property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each police statement made to F, H, and I;

1. Acceptance certificates, copies of passbooks, certificates of transfer and takeover contracts, list of shareholders, documents concerning registration of D trademark rights, income statements, balance sheets, details of transfer of D trademark rights, minutes of the board of directors' meetings, investigation reports (matters concerning D design registration, trademark rights attached thereto), registration data, application of registered design-related Acts

1. Article 356 of the Criminal Act and Articles 356 and 356 of the Criminal Act concerning criminal facts;