A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around February 2, 2015, the Defendant: (a) acquired cement wholesale and retail chain C Co., Ltd. (hereinafter “C”) with the representative director in B and B in KRW 1.55 million; (b) immediately paid KRW 100 million in lieu of the payment of intermediate payments; and (c) concluded a contract to transfer or acquire a corporation with the effect that the remainder is paid after acquiring the obligation of C and B by December 30, 2015; (c) concluded a contract to transfer or acquire the remainder after paying the intermediate payment; (d) paid the down payment and accepting the obligation, and (e) actually operated C from March 31, 2015; and (e) was appointed as the internal director of C and the representative director of C on October 7, 2016.

1. Since the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the issuance of a bill, bears the duty of due care or loyalty of a good manager who is a director or a substantial operator of a company to faithfully make the best profit to the company in accordance with the Acts and subordinate statutes and the articles of incorporation, if a bill is issued in the name of the company,

Nevertheless, the Defendant, in violation of his duties, was willing to issue bills in the name of the victim C for the purpose of settling the price for the goods of D Co., Ltd. (hereinafter “D”) which the Defendant operated separately as the representative director.

around October 8, 2015, the Defendant issued a bill of exchange with C, the issuer C, the issue amount of KRW 25 million, and the payee F, at C offices located in Gangnam-gun, Gangwon-gu, Gangwon-do, and from around that time to February 6, 2017, the Defendant issued a bill of exchange with each of the total amount of KRW 672,612,00,00 in 19 times per annum in attached Table 1-19 in the same manner between that time and around February 6, 2017, thereby allowing C to make the settlement thereof, thereby obtaining property benefits equivalent to the same amount, and causing property damage to C, and on February 2017, 2017.