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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
Reasons
Punishment of the crime
1. Defendant A is a person working as a managing director of E Co., Ltd. (hereinafter “E”) from March 2009 to February 28, 2010; F is a person who was the representative director of E from December 31, 2008 to February 28, 2010; G is a representative director of E from March 2010; H is a person who actually operates Group I Co., Ltd (former J Co., Ltd., K, and hereinafter “victim”).
In collusion with G, on April 24, 2013, the Defendant filed a lawsuit for acquisition of KRW 200 million against the victimized company on the ground of the money loan agreement entered into between the representative director L and E representative director F of the victimized company on December 29, 2009, for the purpose of claiming the payment of KRW 50 million out of the money loan claim of KRW 500 million from G, on the ground that the Defendant received KRW 50 million from G, on the ground of the money loan agreement entered into between the representative director L and E representative director F.
However, on December 29, 2009, H returned from E the above KRW 1,012,50,000, which is the representative director of E and H, and agreed to return to E the above KRW 1,500,000,000,00 of shares invested in E upon the Defendant’s recommendation. However, since the above shares were protected by the Korea Securities Depository for one year, it cannot be returned to E, the injured company formally prepared a monetary loan agreement with the content of borrowing KRW 1 billion from E for accounting purpose, and F returned KRW 50,000 to H around January 8, 2010.
On December 8, 2009, the Defendant solicited H to demand the return of the said investment amount to F. At that time, H had been employed as a managing director of E, and on December 29, 2009, H knew that the Defendant prepared a cash loan contract in form for accounting as above with F and that H was returned KRW 500 million from F around January 8, 2010.
The defendant is G.