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Defendant
A Imprisonment with prison labor for one year, Defendant B is punished by imprisonment for eight months, and Defendant C is punished by the crime of the case.
Reasons
Punishment of the crime
[Criminal Power: Defendant C was sentenced to a suspended sentence of one year and six months for fraud in the Daegu District Court Port Branch on March 5, 2009, and the above judgment was finalized on December 5, 2009. On February 6, 2014, the Daegu District Court sentenced ten months of imprisonment for fraud and the above judgment became final and conclusive on February 14, 2014.
[2] Defendant A] From January 19, 2009 to December 10 of the same year, the Defendant, as the representative director of the victim G Co., Ltd. (at present, the company was changed to H; hereinafter “victim Co., Ltd.”) established for the purpose of intermediate waste disposal business, etc., was in charge of overall business affairs of the company.
1. Around January 2009, the Defendant in breach of trust, due to the preparation of authentic deeds of a repayment contract equivalent to KRW 1.5 million, accepted a notarial deed of a performance contract with the victim company as a debtor with respect to personal obligations equivalent to KRW 1.5 million borne by C from the representative director of the immediately preceding victim company C, who was the representative director of C, as the debtor, and as the creditor of I.
However, the defendant, as the representative director of the victim company, has a duty to obtain the financial loyalty of the victim company through the procedures such as obtaining sufficient security from C in order to prepare the authentic deed of the repayment contract in the name of the victim company.
Nevertheless, on January 19, 2009, the Defendant violated this duty, and without going through the above procedure, drafted a notarial deed of debt repayment contract with a notary public, a notary public, who is located in 861-1, North-dong, North-dong, North-dong, 861-1, on the debt equivalent to KRW 1.5 million borne by C at the law firm office, the victim company is a debtor, I is a creditor, and the victim company is to pay off the debt five times until October 30, 2009.
The defendant, therefore, has I.