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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from March 27, 2007 to March 2015, established a victim B corporation (hereinafter “victim company”) with the purpose of water-related leisure business, ship leasing business, general restaurant business, etc. from around March 27, 2007, and was engaged in the business of managing the victim company while serving as an internal director.
The manager of a stock company shall not inflict property damage on the assets owned by the stock company for the personal interest of the manager, and there is a business duty to protect the trust of interested parties such as creditors of the stock company.
Nevertheless, around November 21, 2013, the Defendant, at the office of the Songpa-gu Seoul and the first floor victim company, violated the above occupational duties, and thereby, in order to promote the Defendant’s interest, caused the victim company to perform the joint and several liability obligations against the said D for the purpose of securing the Defendant’s creditor’s personal debt amount of KRW 2.4 billion against D, which is in de facto insolvent in order to promote the Defendant’s interest. As to the “E” (2752 tons) and “F (654 tons), the Defendant, who is the vessel owned by the victim company, set the victim company to set the right to collateral against the said D, respectively.
As a result, the defendant violated his duties, thereby obtaining property benefits equivalent to 2.4 billion won from the above D and causing damage equivalent to the same amount to the victim company.
Summary of Evidence
1. Partial statement of the defendant;
1. The prosecutor's statement concerning G;
1. The police suspect interrogation protocol of H;
1. Investigation report (report on the binding of the relevant decisions and attachment of the non-prosecution of the suspect A witness I in the case of complaint);
1. Application of Acts and subordinate statutes of a share transfer contract, a written notification of cancellation of a contract, a money loan contract, a certificate of right to registration, a barge sales contract, a statement of changes such as stocks, a statement of changes in stocks and other matters, transaction details of passbook in the J transaction, liquidation of deposits and withdrawal between D and A, written agreement, written judgment, and a written judgment
1. Criminal facts;