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A defendant shall be punished by imprisonment for six months.
except that 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. The Defendant in occupational breach of trust was the founder of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the third floor of the Gangnam-gu Seoul building from April 2010. Since concluding an investment contract with D around November 18, 2010, D was appointed as the representative director of the victim company, and the Defendant, as the president of the victim company, was paid wages from the victim company from February 2012.
The Defendant entered into a sales contract with H on April 4, 2012 with respect to “E” 200 sets using the name of G Co., Ltd. established by the Defendant in the name of F on April 4, 2012, and deposited KRW 25 million in the above F’s account in the name of F on the same day from H, thereby causing damage to the victim company.
2. The Defendant: (a) around June 22, 2012, the Seoul Central District Court registry office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul District Court; and (b) even though the resolution of the board of directors to dismiss the representative director of the corporation C for the reason that the notice of convening the board of directors was not served on the director D, the Defendant, who was unaware of such fact, prepared the application for the registration of change of the representative director of the said C and submitted it to the said registry office.
Accordingly, a registered public official who is not aware of the fact has registered his name with the content of "Dismissal of representative D and the appointment of a new representative director I" in the corporate register of the above C.
Accordingly, the defendant made a false report to a public official, and made it recorded false facts in the corporate register in the same electronic records as the original of a notarial deed.
3. The Defendant’s occupation of an event, such as false entry and public electronic records, around the same time as that of paragraph (2).