A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was the representative of E Co., Ltd. (hereinafter “E”) engaging in the wholesale and retail business of machinery and equipment, the entrusted operation business of machinery and equipment, and the domestic waste disposal business. When the above E becomes bankrupt, the Defendant continued to engage in the domestic waste disposal business, etc. by using the victim G Co., Ltd. (hereinafter “victim”) established on July 7, 1999, and the Defendant, as the president of the victimized company, was to perform external activities as the president of the victimized company, and F was to take charge of the overall management, etc. of the victimized company as the representative director.

Accordingly, from October 2010 to October 2010, the Defendant had a duty to perform an act that is beneficial to the company as the president of the victimized company.

Nevertheless, the Defendant, when the victimized company began to pay profits from Vietnam, established a separate company in violation of his/her duties and established a separate company with the intent to enter into the contract with H and I as joint representatives on October 30, 2013. On November 16, 2013, “350,580 US$3580 as stated in the facts charged, which the victimized company entered into the contract with K as joint representatives, seems to be a clerical error.

(Reference to the service contract of November 16, 2013 attached to the Investigation Record No. 612, which was signed in the name of the J. (390,370,830).

As a result, the defendant has acquired property benefits equivalent to 390,370,830 won in J and suffered property damage equivalent to the same amount in the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, L, M, N, andO;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Some statements in the police interrogation protocol of H concerning H;

1. Each registered certificate (No. 2 and 6 of the evidence list), a monopoly sales license agreement (No. 3 of the evidence), a certified copy (No. 4 of the evidence list), respectively.