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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the charge is not guilty.
Reasons
Punishment of the crime
[2013 Highest 3520] The Defendant was sentenced by the Daejeon High Court on September 4, 2013 to a violation of the Attorney-at-Law Act on September 4, 2013 and the said judgment became final and conclusive on the 12th of the same month.
The term "a crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39 (1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration
[Defendant’s evidence 8 (2012 Gohap490, 507, 780) and evidence 9 (2013No129) rulings). On August 13, 2009, the Defendant established a right to collateral security on the real estate of director E of the Victim D Co., Ltd. (hereinafter “victim”) and invested 200 million won in the damaged company and became a shareholder of the victimized company. From February 12, 2010 to March 2, 2010, the Defendant lent approximately 80 million won to the victimized company through G (hereinafter “G”) where F in a de facto marital relationship with the Defendant is a representative director.
Although the Defendant had invested in the victimized company as above, he thought that the management situation of the victimized company became difficult by neglecting the former representative director of the victimized company, and as such, G attached the boundary stone, news blue, glue, etc. in the victimized company with the claim on the money lent to the victimized company, and received a successful bid, and made a report on the closure of business to the victimized company by taking office as the representative director of the victimized company, and made a report on the closure of business to the victimized company by failing to pay annual fees for the patent rights, etc. related to the boundaries and news blue, which are essential for the management of the victimized company, and had the victimized company lose this by failing to pay annual fees,
The defendant on June 3, 201 at a general meeting of shareholders of the victimized company.