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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
1. On February 8, 2010, the Defendant was sentenced to a suspension of the execution of two-year imprisonment for the crime of offering of a bribe at the Jeju District Court for three-year period, community service work 200 hours, and the Defendant appealed, but the appeal was dismissed on October 20, 2010 at the Jeju High Court’s Jeju Criminal Division, and the said judgment became final and conclusive on October 28, 2010.
On February 27, 2005, the Defendant established the F (hereinafter “F”) on February 27, 2005, and then acquired 65% of the shares of the said company from the J, etc. of the representative director of the IF, a shareholder of the victim company, to take over the H tourism development project at Jeju that is being promoted by G Co., Ltd. (hereinafter “victim Co., Ltd.”). The same year is applicable.
7.4. Acquisition by transfer of 35% of the shares of the above company and became a 7,000 shares in the name of the defendant, and 33,000 shares in the name of F, becoming a 1st shareholder of the victim company.
In taking over the shares of the victim company as above, the defendant accepted the shares with funds borrowed most from the defendant's personal funds. The defendant borrowed money from K, L, etc. to the creditor in the name of the victim company and decided to repay the borrowed money from K to April 26, 2007, and borrowed 8.21 billion won from K to April 26, 2007, and deposited 3.4 billion won from the victim company's account into the victim company's account, and treated 4.2 billion won as the representative director's loan by depositing it into the victim company's account via the defendant's account, and disposed of 20 million won from the M company on August 11, 2006, and 80 million won from L to the victim company's account as the related company's loan.
2. When the defendant violated the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation) around January 22, 2007, and lends funds to another company as the representative director at the office of the victim company N at Jeju-si around January 22, 2007, the defendant is provided with a security with sufficient value to be refunded.