A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Even if multiple occupational breach of trust is committed, if legal interests are single and the form of crime is the same, and if the multiple acts of breach of trust are deemed to be a series of acts based on a single criminal intent, such multiple acts of breach of trust constitute a single crime (see Supreme Court Decision 2004Do810, Jul. 9, 2004). In this case, the defendant is different from the creditor of joint and several sureties who is joint and several sureties, in order for D to obtain property benefits by violating his/her duties as the representative director of the victimized company (see Supreme Court Decision 2004Do810, Jul. 9, 2004).

Even if all of the crimes constitute a series of acts based on a single criminal intent, and thus, there is a relation of a single crime.

It is reasonable to view it.

Therefore, criminal facts are partly modified to the extent that it does not infringe the defendant's right of defense.

[Attachment, according to the records, the Defendant was sentenced to a suspended sentence of one year and six months in the Seoul Western District Court on August 10, 2017 for a violation of the Labor Standards Act, etc., and the judgment seems to have become final and conclusive around that time. However, since the instant crime was not committed between each final and conclusive judgment, only one final and conclusive judgment should be entered as stated in its reasoning.

On May 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Labor Standards Act at the Seoul Western District Court on October 10, 2015, and the Defendant was finally sentenced to two years of probation on June 5, 2015.

[2] The Defendant is a representative director of the Victim E Co., Ltd. (hereinafter “victim”) for the purpose of dispatching workers, who has overall control over the business of the company.

1. The Defendant: (a) on December 28, 2012, at a location of Mapo-gu Seoul Mapo-gu Credit Guarantee Fund (hereinafter “D”) located in Mapo-gu, 122.