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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on November 29, 2012, and the judgment became final and conclusive on December 7, 2012.
【Criminal facts” As the representative director of B Co., Ltd. (hereinafter “B”), a company that is a company that manufactures oil pressure Brackers (hereinafter “B”), B, while having been under the workout relationship with B on December 31, 201, the Defendant was preparing for applying for corporate rehabilitation to the court as it is difficult to operate the company as a result of the company’s failure to supply genetic Brackers or raise funds for the company’s operating capital due to the difficulty in operating the company as it exceeds KRW 1,567,00,000 in the accounting standards of December 31, 2011, and the debt amount exceeds KRW 13,129,000,000,000 in the assets. Under these circumstances, when the Defendant was in a normal way, the Defendant was practically running the company C (hereinafter “C”) with the supply of parts and was in de facto indivisiblely in a financial relationship with B, with the supply of parts C would have been using the bill at the expiration of the due date or discount of the bill.
However, the Defendant was financially unable to prepare for B’s application for corporate rehabilitation with the court, and the Defendant was in an indivisible relationship with B as well as B, even if he was supplied parts or discounted bills from the victim E, Inc. (hereinafter “victim E”).
There is no possibility that the bill issued by C may be settled, and there is no intention or ability to pay the price for the part or the discounted price for the bill to the victim company.
On November 201, 201, the Defendant received “the cost of parts” from C, which is not a bill issued by B, but a customer of B, at the office of the victim company located in Ansan-si, Seoul-si, and G.