beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
It is recognized that there is no substantial disadvantage to the defendant's exercise of the defendant's right to defense without going through the amendment process of indictment and the use of 191,000,000 won for the victim's modern social money company as the evidence is admitted.
The defendant is the actual representative director of D Co., Ltd. established for the purpose of electronic parts and mechanical manufacturing business, and around 2008, there was a lack of management funds due to the failure to recover approximately KRW 500,000,000 of the outstanding amount of products exported to the United States.
Therefore, the building owner E proposed to prepare the company operation fund by shipping out the overdue rent to the defendant and selling it immediately, and the defendant approved the above with the consent of F, a representative director in the form of D.
Accordingly, F aims to prepare documents to obtain a new vehicle shipment and a vehicle purchase loan in the name of F, Inc., Ltd., and G (i.e., "H", "I"), upon the direction of J, shall require F to prepare the relevant documents through the Motor Vehicle Operator K, etc., and notify the J of the progress of the work. Meanwhile, the J conspireds to sell the shipped-out vehicle after performing the substantive process of delivery of new vehicles and the loan of funds to purchase vehicles.
However, the Defendant was in arrears with the rent of 10 million won or more at the time, and there was a debt of 60 to 700 million won, such as the overdue wage of 30 million won or 40 million won, and the outstanding amount of 500 million won related to U.S. customers was almost not recovered, and there was no intention or ability to pay the unpaid amount even if the Defendant received the loan of the purchase fund of the vehicle due to the lack of management conditions.
1. Victims Hyundai Social Co., Ltd.