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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant is a representative director of the D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and a person who has been operating the Defendant Co., Ltd. from May 15, 2012.
Defendant
Around July 11, 2011, a company entered into a contract with a victim E Co., Ltd. (hereinafter referred to as “victim E”) for the term of the contract from July 11, 201 to July 10, 2012. The Defendant Co., Ltd. was supplied used cars from the victim company to export them to the foreign customer and received fees from the victim company. Around May 10, 2012, F, the former representative of the Defendant Company, who actually operated the Defendant Company, did not pay the sales amount of approximately KRW 400 million to the victim company, was registered as the representative director, and the Defendant, the largest shareholder, directly operated the Defendant Company from around May 15, 2012.
The Defendant had been urged from the victim company to pay the unpaid sales proceeds from the victim company around that time, and the Defendant asserted that the former representative F used the sales proceeds accrued to the victim company as the street funds, etc. for G, an executive officer of the victim company, so the Defendant company cannot pay the total amount of the unpaid sales proceeds and is also responsible for the unpaid payment to the victim company. However, the victim company notified the victim company that this is the personal interest of the former representative, so it is not a problem to settle the accounts between the companies.
If the Defendant Company is liable to pay the unpaid sales proceeds to the Victim Company, it is anticipated that the Defendant Company would be unable to refund the invested money, such as H and I, invested in the operating capital of the Defendant Company, due to bankruptcy. On July 10, 2012, the Defendant is in order to avoid compulsory execution from the Victim Company with a view to extending the contract with the Victim Company after the expiration of the contract term, and to avoid compulsory execution from the Victim Company.