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

Punishment of the crime

The Defendant, from May 2003 to August 2013, 2013, worked as the representative director of the Victim C Co., Ltd (hereinafter “victim Co., Ltd.”) established with the aim of carrying out the steel-reforming concrete construction business, etc., and the Victim Co., Ltd. was declared bankrupt on August 12, 2013.

The Defendant had a claim for construction price equivalent to KRW 372,498,901, which was awarded a subcontract for the steel framed reconstruction work in Geumcheon-gu Seoul Metropolitan Government by D Co., Ltd. in around 201, and had a claim for construction price of KRW 372,498,901 from D Co., Ltd. in the form of repayment of large debt, and when the Defendant received 703 apartment units (market price equivalent to KRW 326,00,000) such as Geumcheon-gu and 1307 apartment units (market price equivalent to KRW 387,80,000) located in Geumcheon-gu and 2 lots of apartment units (market price) from D Co., Ltd. in the form of payment of large debt, the Defendant arbitrarily violated his duties on January 30, 2013, and on January 30, 2013, the above apartment units 1307, under the Defendant’s name, and the above apartment units 703, under the name of J, respectively.

As a result, the defendant violated his duties, thereby causing damage equivalent to KRW 372,498,901 to the victim company, and at the same time taking property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Complaint;

1. A standard subcontract agreement for construction works, commercial building supply contract, transfer confirmation certificate, a certified copy of real estate register, a statement of settlement, etc., and a confirmation of the fact of repayment of substitutes;

1. Details of passbook transactions and C rehabilitation investigation report;

1. C Accounting books and details of transactions of passbooks to corporations;

1. Minutes of the board of directors, details of entry and withdrawal transactions, agreement on loan transactions, etc.;

1. Data on financial transactions, such as a loan transaction agreement, supply contract, and copy of passbook;

1. Details of transactions of bankbooks that are corporations making provisional payments;

1. Report of investigation (to hear I telephone statements) and the application of Acts and subordinate statutes to report an investigation (to attach data related to apartment loans);

1. The grounds for sentencing under Articles 356 and 355(2) of the Criminal Act, comprehensively including the pertinent legal provisions and the choice of punishment for the crime (the choice of imprisonment).