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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 15, 2014, the Defendant, as the representative director of the Co., Ltd. C, at around 10:00 on September 15, 2014, prepared a minutes of a temporary general meeting of shareholders stating that he/she, as the representative director of the Co., Ltd. C, a director E, etc. in the office of the Co., Ltd. D at around 0:0, the Defendant would retire from office and the Defendant would be the representative director, the Defendant’s wifeF, and the Defendant’s son G, respectively, take office as an inside director. On September 24, 2014, the Defendant submitted the minutes of the said temporary general meeting of shareholders to the public official under his/her name, and applied for registration of change
However, there was no fact that the provisional general meeting of shareholders was held on September 15, 2014.
Nevertheless, the Defendant submitted an application for the minutes and registration of changes of a temporary general meeting of shareholders containing false facts as if there was a resolution on lawful retirement and appointment of officers, and reported false facts to the public official in charge of being aware of such fact to enter the contents of the application in the register of a corporation C corporation in the commercial registration electronic records processing system, thereby allowing the public official to enter false facts in the commercial registration electronic records processing system, and allowing them to peruse the public electronic records containing false facts.
2. Occupational embezzlement;
A. From July 7, 2009, the Defendant, as the representative director of the Victim C Company, was engaged in the business of managing funds through the said company’s corporate account (H) from March 31, 201 as the Defendant from around July 7, 201, embezzled KRW 10 million, KRW 20 million on July 23, 2013, and KRW 15 million on December 23, 2013, and embezzled the property of the victim by personally consuming it.
B. On December 30, 2013, the Defendant raised embezzlement under the pretext of attorney fees as a personal shareholder.