A defendant shall be punished by imprisonment for not less than nine months.

Punishment of the crime

[criminal power] On August 24, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging securities at the Suwon District Court on August 24, 2018, and the judgment became final and conclusive on September 1, 2018.

【Criminal Facts】

around October 15, 2011, the Defendant jointly invests KRW 300,000,000 in 150,000 with B and each of them. C, along with providing 2-3 floors of building E located in Gangnam-gu Seoul as its workplace, set up a collateral registration of maximum debt amount of KRW 300,000,000 under the Defendant’s name as a security for the return of the investment amount of KRW 300,000,000, and D, operating an entertainment tavern of “F” by taking charge of business management and administration affairs, the profits shall be distributed at the ratio of KRW 45,345, and 410,00, and upon termination of the contract, C shall enter into a business agreement with the Defendant (including B) to refund KRW 300,000,000 to the said four persons, constituting an association between them and two persons between B and B.

B. On March 9, 2012, according to the above business agreement, C was set up with the maximum debt amount of KRW 300 million against the Defendant in relation to the land and building owned by G, a representative director of which C is the representative director, as to the above business site and building owned by G.

In such a case, the defendant has a duty of care as a good manager to manage the investment bond and the right to collateral security, which is the property of the two victim union B, with the care of a good manager in accordance with the intent of the agreement on the business. When the agreement on the business is terminated, the defendant has a duty not to inflict any damage on the two victim union B by exercising the right to return the investment bond and settling with B

Nevertheless, the Defendant, on April 6, 2012, transferred the above right to return the investment deposit to H with his personal debt repayment in violation of the above duty, and transferred the above right to collateral security registration to H on April 27, 2012.