A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

[Majority Opinion] On July 20, 2017, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on July 20, 201, and the judgment became final and conclusive on November 9, 2017.

[2] From July 15, 2015 to March 30, 2016, the Defendant changed its trade name to “F”, a victimized company in Ansan-gu, Seoul, to “F” on March 31, 2017.

The representative director of the damaged company or the E is only the "victim company" or the "E", and in the case of a corporation, the part of the "stock company" is omitted) has a duty to preserve and appropriately manage the assets of the victimized company.

Nevertheless, although the Defendant did not use the borrowed money for the victimized company, he did not borrow the money from G on the ground that the victimized company was a borrower for the borrowed money.

The Defendant borrowed KRW 150 million from G on January 5, 2016, but did not change this, and instead borrowed KRW 180 million in addition to G’s demand for repayment, the charges in lieu of borrowing KRW 180 million from G on January 5, 2016, are stated as follows: “The Defendant borrowed KRW 180 million from G on January 1, 2016, but did not change it but borrowed KRW 200 million in addition to G’s demand for payment.” However, the charges are corrected in accordance with G’s statement (see, e.g., Chapter 1 of the Protocol of Examination of Witnesses attached to the fourth public trial record) and G’s statement (see, e.g., Supreme Court Decision 983, Sept. 3, 2016).

The purpose was to prepare a fair deed with the content that the damaged debtor becomes a company and the maximum amount of the claim is KRW 500 million.

Accordingly, the defendant, on January 19, 2016, has preserved the property of the company as the representative director of the damaged company at the law firm I office of Gangnam-gu and the fourth floor of Gangnam-gu, Seoul, and as the representative director of the damaged company.