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Defendant
A Imprisonment for two years, for one year, for one year, and for eight months, for each of the defendants C.
Reasons
Punishment of the crime
Defendant A, 2015 Highest 2778, was in charge of the management of funds as the representative director of the company G in Gwangju Mine-gu, and Defendant B as the chief director of the company.
On January 3, 2013, the said stock company was decided to commence the rehabilitation procedure by 52 meetings of the Gwangju District Court 2012. Defendant A was appointed as the manager of the said company on the same day and engaged in business activities while managing the company’s property and business. On August 27, 2013, the same court was decided to grant authorization for the rehabilitation plan on September 1, 2014, but was decided to discontinue the rehabilitation procedure on September 1, 2014, and the decision was finalized on October 1, 2014, and the said bankruptcy declaration became final and conclusive around that time.
1. The sole crime committed by Defendant A;
A. On December 2, 2013, the Defendant: (a) from the cash withdrawal period near the victim G corporation’s “C” office located in Gwangju Mine-gu, Gwangju; (b) withdrawn in cash the sales amount of KRW 800,000 from the said victim’s company that the Defendant had been keeping in business with H’s account; and (c) consumed the amount for personal purposes, such as living expenses, from the daily source in Gwangju City around that time.
From around that time to July 3, 2014, the Defendant arbitrarily consumed the total sum of KRW 23,162,933 in the same way 50 times as shown in the annexed Table of Crimes (1) and embezzled it.
(b) No custodian, etc. of a debtor violating the Debtor Rehabilitation and Bankruptcy Act shall resell any property, take over such property, borrow any funds, etc. without obtaining permission from the court after rehabilitation procedures commence;
Nevertheless, without obtaining permission from the court, the Defendant borrowed KRW 20,000,000 from the above “G” office on January 8, 2013.
The Defendant, including this, from around that time to April 1, 2014, totaled 11 times as shown in [Attachment Table 2] 124.