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A defendant shall be punished by imprisonment for not less than one year and six months.
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
1. From March 2009, the Defendant: (a) from around March 2009, managed the National Bank Account (F), Daegu Bank Account (G); (b) the Korean Bank Account (H), Daegu Bank Account (I); and (c) the National Bank Account (J) from around March 2009.
On June 15, 2009, the Defendant arbitrarily consumed the total of KRW 460 million on six occasions in total, as indicated in [Attachment Table 1,2-2,4-1, 4-1, 2, 3, and 5-3], from the date of December 1, 2009, the Defendant: (a) voluntarily released KRW 120 million from the said account from the said account to the Defendant’s Dong library and lent it to the Defendant’s Dong library; and (b) arbitrarily consumed the Defendant’s total of KRW 460 million on six occasions, including as indicated in [Attachment Table 1, 2-2, 4-1, 2, 3, and 5-3].
2. The Defendant prepared a draft of the minutes of the temporary general meeting of shareholders of L corporation to the effect that, for the purpose of exercising the registration of change of L corporation, around August 31, 2009, the Defendant prepared a draft of the minutes of the board of directors of the above company that, “At around 10:00, around August 31, 2009, at the N Certification Office located in Busan Jung-gu, the Defendant made it enter P’s name in the next side of the audit office, and “at around 11:30 on August 31, 2009, at around 10:0, at the office of the headquarters of L corporation, four members such as the chairman and inside directors attend a temporary general meeting and appointed P as auditors,” and then prepared a draft of the minutes of the board of directors of the above company to the effect that “at will appoint a representative director with the consent of all the auditors at the meeting room of Busan, Busan, the name of P was made in his/her name at will next to the audit office.”