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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is the representative director of the Victim F Co., Ltd. (hereinafter referred to as “F”), and is the former vice-chairperson of the G Co., Ltd. (hereinafter referred to as “G”).
Before entering into a contract for the purchase of the 5.2 billion won of the I golf course located outside the H of Chungcheongnam-gun, Chungcheongnam-do, and its ground (hereinafter “instant golf course”), the F passed a resolution on August 28, 2012 to the effect that “In the event that the validity of the I golf course business is not approved by the general meeting of shareholders or the Ministry of Land, Transport and Maritime Affairs is not approved on the acquisition of the I golf course, the F shall add the conditions to deposit the down payment into a separate Ek account without directly remitting it to G, in order to prepare safety devices for the return of down payment.”
On August 29, 2012, the Defendant entered into a sales contract for the instant golf course at G office located in the 10th floor of Gangnam-gu Seoul JA building, and the Defendant, as the representative director of the F, violated his occupational duties to take measures, such as depositing down payment in the Sk account so as to guarantee the return of down payment in accordance with the above resolution of the board of directors, and thereby, did not transfer the down payment amount to Sk’s account as security, and then transferred the down payment amount of KRW 520 million to G account in excess of KRW 520,000,000,000 to the account in the name of G, thereby incurring property loss equivalent to KRW 520,000,000,000,00
(G) At that time, there was no particular value of convertible bonds offered as security with the aggravation of the financial situation. The summary of the evidence is that F did not receive the down payment, even though the said sales contract was rescinded according to the result of the analysis of the feasibility of the golf course business.
1. Partial statement of the defendant;
1. Each legal statement of witness K, L and M, and each legal statement of witness N andO;
1. Copy of the corporate register, minutes of the board of directors, and documents pertaining to real estate sales contracts;