A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 11, 2009, the defendant was sentenced to a suspended sentence of two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the judgment was finalized on September 19, 2009. On August 9, 2016, the same court was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) and was finally decided on August 19, 2016.

The Defendant, from February 2, 2008, was the actual owner of the real estate development business in Kimpo-si Co., Ltd. D (hereinafter “victim”) and E (hereinafter “E”), who was in charge of the overall operation of the company including fund management, and F was in charge of the representative director of the victimized company from February 2, 2008.

On April 21, 2008, the Defendant started the new construction of H commercial buildings with the damaged company from G in Kimpo-si, Kimpo-si, as the implementer, and E as the contractor.

On November 28, 2008, E completed all the procedure for settling accounts with the victimized company and prepared a written waiver of the construction work with respect to the ongoing construction work until then. Since the victimized company had another company run the construction work with the contractor, it no longer has any relationship between E and the victimized company.

Accordingly, the defendant, as a substantial master of the victimized company, has a duty to manage the victimized company so that it does not arbitrarily dispose of H commercial buildings of the victimized company so that it does not cause property damage to the victimized company.

Nevertheless, in violation of the above occupational duties, the Defendant: (a) the E representative director I borrowed KRW 200 million from J, a relative (hereinafter referred to as "the relative") in order to raise funds necessary for the said new construction work on September 12, 2008; and (b) the damaged company did not have any obligation to provide security or to repay; (c) on January 1, 2009, the Defendant Company was at KRW 750,000,000,000 for the seller's damaged company, buyer, and sales price for H801.