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1. Defendant A shall be punished by imprisonment with prison labor for one year;
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who was the representative director of Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”), and Defendant C is a corporation with the head office on the Gu I, 3 -9 floor during Ansan-si and the purpose of manufacturing, processing, selling, etc. of non-ferrous metal products.
Defendant
As of the end of 2011, J, the grandchildren of the founders C, together with his family members, owned 100% of the shares issued by K Co., Ltd. (hereinafter “K”), and K owned approximately 10% of the shares issued by Defendant C and controlled Defendant C.
1. Defendant A’s financial status was not good due to the excessive acquisition and merger, and the depression of the global financial crisis in 2008. From around 2010, Defendant C supplied K with SCR (SCR) to K, and K resells and receives the proceeds from the resale of it to its customer and the payment of its remainder for the redemption of interest, etc., by the Defendant C’s payment to the Defendant.
As of the end of 2011, K has used the proceeds received by the resale of SCR as above for its own borrowings, interest redemption, etc., and there was no other project to create cash flow that can pay the SCR proceeds, etc. to Defendant C. ③ Sale of important assets, such as Busan L business site is less than the head of the Si/Gun/Gu on June 201, and the sale price was used for repayment of the loan. ④ The other assets held by K was offered as security for its own or others’ obligations, and the sale was not likely to create cash flow even if they were sold.
B. As of the end of 2011, K was fully locked in its capital.
Accordingly, according to the accounting standards set by the Financial Services Commission, Defendant C, as of the end of 2011, is K, out of approximately KRW 26.4 billion of claims, such as loans, about KRW 27.3 billion.