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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a director of the Victim D Co., Ltd., a corporation that performs the wholesale and retail business of communications equipment from around September 3, 2014 to February 28, 2017, who was in charge of the fund of the Victim Co., Ltd., and the management and business of employees of the Victim Co., Ltd.
1. On March 17, 2014, the Defendant, as a director of the victim company’s in-house director, has a duty to use the property of the victim company for business or proper purposes necessary for the victim company. However, on March 17, 2014, the Defendant transferred KRW 3,00,000 to the Korean bank account (Account Number:F) of the victim company’s mother’s own bank account (Account Number: G) from that time to August 19, 2015, from that time, the Defendant, as a director of the victim company, transferred KRW 57,00,000 in total over 15 times in total, as shown in the List of Crimes No. 1, 200,000, from that time, transferred the property of the victim company to E by the same method, without any special reason. The Defendant inflicted property damage equivalent to the said amount on the victim company.
2. The Defendant, as a director of the victim company, in breach of trust in relation to H’s loan business, used the property of the victim company for business or use necessary for the victim company, and, even in the case of lending or investing the property to another person, the borrower’s credit status and the actual user of the borrowed amount was confirmed, and the possibility of recovery was comprehensively examined, such as receiving sufficient collateral from the other person, and there was an occupational duty to make the principal and interest repaid to the victim company
Nevertheless, on May 14, 2014, the Defendant arbitrarily lent KRW 2,500,000 to H without obtaining a resolution of the board of directors on the grounds of personal friendship at the D Office, which is one’s spouse, for personal friendship, and without obtaining a resolution of the board of directors.