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 two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 12, 1990, C, the spouse of the Defendant, established the Company D (hereinafter “D”) with capital of KRW 1.5 billion, ② Company E (hereinafter “E”) with capital of KRW 1 billion on August 31, 2004, ③ Company F (hereinafter “F”) with capital of KRW 500 million on July 11, 2007, respectively.

C owned most of the shares of the said three corporations and worked as the representative director of the said corporations on August 13, 201.

The Defendant succeeded to the shares of the said three companies due to the death of C, and was appointed as the representative director of the said corporations from August 26, 201.

From August 26, 2011, the Defendant has been engaged in the business of supervising the business of E as the representative director, and has been engaged in the direction and supervision to maintain financial soundness by properly using the operating funds of E for necessary purposes.

On August 22, 2012, the Defendant agreed to set up a collateral on real estate in order to secure the payment of inheritance tax of KRW 1.6 billion, which was imposed on the property inherited by the deceased C, on condition of installment payment to the tax authority, and tried to set up a collateral on real estate under his/her name. However, as the first priority mortgage was established and it was anticipated that the tax authority would refuse to set up a collateral on real estate owned by the E,

On August 27, 2012, the Defendant registered the establishment of a collateral security with the content of KRW 2,186,000,000 with the maximum amount of the debt amount as KRW 2,186,00,000, in the office of the tax accountant located in Suwon-gu G, Suwon-gu, Suwon-do through the said certified tax accountant and a certified judicial scrivener whose name is not the same.

As a result, the defendant has set up a right to collateral security at will on the victim E's real estate in violation of his/her duties in order to obtain economic benefits equivalent to KRW 2,180,000.