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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
In around 2009, the defendant, as a director of the strategic planning office of E Co., Ltd. with D representative director, was engaged in business such as the financial structure and understanding of funds of the above company, he was in charge of F takeover business of the victim company under the direction of D.
D served as the representative director of the victim company from November 26, 2009 to February 23, 2010. On November 24, 2009, the victim company’s representative director was transferred from G and H (G mother), a major shareholder, to a corporate body of the victim company and actually managed the victim company. As such, there was a duty to prevent the victim company from incurring property damage in the course of managing and using it.
D In the process of taking over the victim company on November 23, 2009, at the office of the victim company located in Kimhae-si, Kim Jong-si, Kim Jong-si, 22,500 shares equivalent to 45% of the victim company's shares were purchased from J in KRW 2,500,000,000. As seen above, the victim company violated its duty despite its duty not to inflict property damage on the victim company as seen above. On November 24, 2009, the issuer's "F of the D Co., Ltd.," "F of the date of payment", "the date of payment", and "the face value amount" were arbitrarily issued, and delivered to J along with a notarial deed stating the purport of accepting compulsory execution, thereby acquiring financial benefits equivalent to 2 billion won and causing damage equivalent to the same amount to the victim company.
In order to assist the victim company with knowledge of the fact that the Defendant violated his duties and inflicted damage on the victim company, the Defendant entered the contents of the promissory note as above.
Accordingly, the defendant assisted the act of breach of trust of D.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness D;
1. Examination protocol of the accused by prosecution;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 1 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the crime