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A defendant shall be punished by imprisonment for not less than two years and six months.
except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Around October 2009, the Defendant acquired management rights of the victim E Co., Ltd. (hereinafter “victim”) by purchasing the shares of the victim E Co., Ltd. from D, and worked as the representative director of the above victim Co., Ltd from December 1, 2009 to September 6, 2010, and even after the Defendant transferred the name of representative director to F, he/she had worked as the representative director of the above victim Co., Ltd. from September 7, 2010.
In the process of accepting the shares of the victim company from D as above, the defendant paid only a part of the purchase price of the shares and taken over the victim company, and then, he was appointed as the representative director after taking over the victim company, with an intention to raise the insufficient purchase price with the corporate fund of the victim company
1. On December 31, 2009, the Defendant opened an agricultural bank account (Account Number: G) in the name of the victim company under the pretext of raising the funds for the operation of the victim company at the agricultural financial branch located in the agricultural cooperative in Seo-gu, Daegu-gu, Seoul-dong 219-8, Seoul-dong 219-8, and then withdrawn KRW 200,000,000 among them.
The Defendant voluntarily used KRW 180,000,000, which was withdrawn as above, for the sake of the victim company, through the Daegu Bank Account (Account Number: I) in the name of H (C) around that time, for the purpose of purchasing stocks of D.
2. On January 21, 2010, the Defendant offered 1,000,000,000 won from the Daegu Branch of Han Bank, which was located in Daegu Metropolitan City, Daegu Metropolitan City, 1021, on the pretext of raising the funds for the facilities of the victim company, as security, to the Daegu Branch of Han Bank, which was owned by the victim company, and received a loan from the Daegu Branch of Han Bank, Daegu Branch of the said Han Bank, which was established in the name of the Defendant by withdrawing KRW 700,00,000 among them.