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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
From June 4, 2013 to August 18, 2016, the Defendant is the representative director of the victim agricultural company C (hereinafter “victim”) that was engaged in the business management and fund management of the said company.
1. On July 12, 2013, the Defendant embezzled the amount of KRW 1,00,000,000 from the company’s funds kept in the former North Bank D account in the name of the victimized company, and used them for personal purposes, such as living expenses, etc. from the day before the previous week to March 25, 2016, as shown in the list of crimes in the attached Table, for all 46 times, including the amount of KRW 29,753,341, as shown in the list of crimes in the attached Table, and the amount of the company’s funds, which was embezzled for purposes unrelated to the victimized company.
2. Since the Defendant was the representative director of the victimized Company, the Defendant was in breach of trust, and the duty of doing a legal act on behalf of the victimized Company was performed for the benefit of the victimized Company, on January 13, 2014, concluded a guarantee insurance contract between the Defendant and the Seoul Guarantee Insurance Agency’s limited liability company F and the Seoul Guarantee Insurance Co., Ltd. run by the Defendant on January 13, 2014, and caused the victimized Company to stand joint and several surety.
As a result, the Defendant violated his duties, thereby causing damage to the property equivalent to KRW 50 million to the damaged company, and let the F of the company with limited liability acquire the property interest equivalent to the same amount.
3. Forgery of private documents, uttering of a falsified investigation document, and fraud;
A. (1) On August 14, 2014, the Defendant, applying for a loan of KRW 150,000,000,000 from the point of the former bank sand inside the bank located in Jeonjuju on the crime related to the loan of the former bank, the Defendant arbitrarily prepared a copy of the board of directors’ list under the name of the said company G directors, stating that “A Co., Ltd. agrees to obtain a loan of KRW 150,000,000 from the former bank,” and then, is next to the name.