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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant was the representative director of the victim D Co., Ltd. (hereinafter referred to as "victim Co., Ltd") located in Seopo-si from September 15, 2009 to July 25, 2012.
1. The defendant, as the representative director of the victim company, is not allowed to lend funds to another person who has already lost his/her ability to repay debts, and when lending or investing the company funds to another person, there has been occupational duties to avoid causing property damage to the victim company or causing property damage by taking reasonable and reasonable measures to recover the principal and interest by being provided with sufficient collateral from the other person, and thereby taking measures to recover the principal and interest thereof.
Nevertheless, on November 29, 2007, the Defendant lent 10,000,000 won to the F corporation run by the Defendant’s father E, who had difficulty in normal management due to financial difficulties from the victim’s office, at will, without any collateral creation, and at will, leased 521,117,252 won from the above date and time to December 8, 2011, the Defendant loaned 56,197,865 won to the F corporation and made it difficult to recover the principal and interest of the loan or put it in danger.
As a result, the defendant violated his duties, thereby making the F Juristic person obtain economic benefits equivalent to the above loan amount and causing property damage equivalent to the above loan amount to the victim company.
2. A person who voluntarily withdrawss and consumes company funds for the purpose of paying provisional payments, and the defendant in breach of trust is the representative director of the victim company, who is in charge of overall business such as the management of funds of the above company. Although there is a duty to manage and use funds for the above company's business, he violates the above duty. On July 7, 2008, the above company's funds amounting to 1,000,000 won from the above company's office shall be transferred to his account as provisional payments.