Defendant

E. Sick Notes

Public-service advocates in-service advocates;

A defendant shall be punished by imprisonment for six months.

From December 2007, the Defendant, as the representative director of Nonindicted 4 limited-liability company (SPC) established for the purpose of the business of acquiring and managing only one of the loan principal from “△△△△△△△△△△△△△,” and the representative director of Nonindicted 4 limited-liability company (SPC) established for the purpose of repaying the loan debt with the profits accrued therefrom, was in charge of managing one of the raising families in Gyeonggi-do, and performing the duty of repaying the loan debt with the profits accrued therefrom.

1. Occupational breach of trust;

The defendant, as the representative director of the above non-indicted 4 company, provided only the one owned by the non-indicted 4 company as collateral for transfer for the victim non-indicted 1 corporation. In addition, according to the joint agreement with the above victim company, the defendant had a duty to maintain the value of the security in good faith by maintaining the livestock insurance contract concluded between the LIG damage insurance company and the above non-indicted 4 company during the repayment period of the obligation.

Nevertheless, on July 29, 2009, the Defendant violated this and arbitrarily terminated the above livestock insurance contract at the office of Nonindicted Company 4 located in Seocho-gu Seoul ( Address omitted), and failed to receive the insurance money equivalent to nine million won for the insurance money of the 40 million won, which was closed between August 2009 and November 1, 2009.

After all, the defendant had the above LIG damage insurance gain profit equivalent to the above insurance amount, and caused the damage to the injured company equivalent to the same amount.

2. Occupational embezzlement;

The contractor and the insured of the above livestock insurance contract are the joint names of Nonindicted Company 4 and Gyeonggi-do, and around January 28, 2008, Gyeonggi-do, the other party to the above joint agreement and the other party to the joint agreement, paid 220,059,600 won of insurance premium to be paid by Nonindicted Company 4, which was the time of concluding the contract, and even though the defendant testified that the contract should not be arbitrarily terminated from Gyeonggi-do prior to the termination of the contract, the defendant was transferred KRW 53,389,900 of the same month to receive the termination refund from LIG damage insurance upon the termination of the insurance contract as above around July 29, 2009.

The Defendant, while working for Nonindicted Company 4 and Gyeonggi-do, has been kept in custody by the Defendant. At that time, KRW 13,389,900 was transferred to LIG Loss Insurance under the name of the insurance contract termination fee, and the remainder of KRW 40,000,000, which was opened under the name of the Defendant, embezzled it by voluntarily consuming it with the interior cost of the restaurant of “○○○○○○○”.

1. Defendant's legal statement;

1. Statement of the police statement on Nonindicted 7

1. A joint agreement, a loan agreement, a transfer contract, a business entrustment agreement, an insurance policy, a fund structure, and a specification of transactions;

1. Article applicable to criminal facts;

Articles 356, 355(1) (Selection of Imprisonment), 356 and 355(2) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges High Hun-Ba