A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From March 2005, the Defendant is a person who has overall control over the overall affairs, such as fund management, while working as the representative director of the Victim E Co., Ltd. (hereinafter referred to as the "victim E Co., Ltd.") in Daejeon-gu.

The defendant found a person to lend money to a victimized company without good management status, and on October 201, F and G agreed to lend KRW 400 million to the victimized company, each of which is KRW 200 million.

Accordingly, on October 5, 2011, the Defendant prepared a monetary loan agreement stating that the victimized company borrowed KRW 400 million in total from creditors F and G, each of KRW 200 million from creditors F and G, and on October 24, 2011, the Defendant created, as security for each of the above loans, the right to collateral security of KRW 480,000,000, totaling KRW 240,000,000, to F and G with respect to “B-gu D, H land and buildings” owned by the victimized company.

In addition, the Defendant, as a security for each of the above loans, received a shareholder’s undertaking to avoid exercising voting rights from F, etc. while changing 53% of the shares of the victimized company to F, etc.

1. As above, when the victimized company borrowed a total of KRW 400 million from F, etc., the Defendant decided to transfer the name of the victimized company to F, etc. as security for the borrowed amount.

However, it is necessary to prove that F et al. paid the purchase price of shares in order to transfer the name of shares, and accordingly, F et al. decided to transfer the borrowed money equivalent to the purchase price of shares to the shareholders' account, not the damaged company.

Accordingly, on October 5, 201, the Defendant deposited KRW 140 million in the damaged company as KRW 30 million under the name of G provisional deposit on October 10, 201, and KRW 30 million under the name of F provisional deposit on October 14, 201, and deposited KRW 30 million in the damaged company under the name of F provisional deposit on October 14, 201. The remainder of KRW 80 million is not deposited in the damaged company without depositing in the damaged company.