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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around September 2012, the Defendant invested KRW 50,000,000 with C to establish a legal entity, and to jointly operate the racer processing business, such as steel, etc. on or around September 28, 2012. On or around September 28, 2012, the Defendant established the Victim E Co., Ltd. for the purpose of racer cutting and processing business, etc. (hereinafter “victim E”) with its head office as its head office. On or around October 5, 2012, the Defendant registered the business with respect to the victim company, and then the Defendant was in charge of material processing and accounting of the funds for the management of the victim company.
1. Before the establishment of the victim company, the Defendant listens to the statement that it is difficult for the Defendant to continue to trade F to pay the Defendant’s debt amounting to KRW 20 million from F, a creditor of the individual company run by the Defendant, with the Defendant’s obligee, and around November 20, 2012, the Defendant entered into a contract with the victim company to be provided with “Scrap”, which is the remainder of the materials processed, such as steel plates, from “G” to receive advance payment in the name of the contract, and paid KRW 15 million out of KRW 40 million to the Defendant’s personal account (number H) at that time while keeping the Defendant’s personal debt amount for the victim company.
2. On or around January 7, 2015, the Defendant: (a) settled accounts by C, a partner, while being supplied with straw metal and steel plates and kept for the victim company; (b) adjusted the business; and (c) did not obtain the consent of C in order to use it for the Defendant’s personal transaction after the completion of the business; and (d) stated that the total market price of approximately KRW 1.98,00,00 won among the above materials at around January 28, 2015 at around 28, 2015, the facts charged in excess of KRW 1.9,00,000,000,000 won is stated as the market price of the above materials; (c) according to the records of this case (see, e.g., evidence submitted by the Defendant), the market price of the above materials is at least KRW 1.98,00,000,000.
the truck is loaded as a truck in mind.