Defendant

The facts charged in this case against B and C.

A. Recognizing the fact that Defendant B, C (1) and C (1) misjudgments about the guilty portion of Defendant B and C, or Defendant B used the corporate card of N Co., Ltd. (hereinafter “N”) which was dryed from Defendant C as the same amount as the facts charged, and using the card for the purpose of life-saving gift, etc. to the employees, etc. of M Co., Ltd. (hereinafter “M”), it is recognized that Defendant B was the highest manager of N as well as the expenditure related to N’s work as the expenditure related to N’s highest manager, and even if so, it was not so.

Even in the case of Defendant C, Defendant B, who has the right to use entertainment expenses, only allowed to build the corporate card and the press card, but did not know the details of such use. Therefore, Defendant C is not liable for the crime as an accomplice.

(2) The lower court’s sentencing on Defendant B and C (a fine of KRW 3 million each) is too unreasonable.

B. (1) The Defendants committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to capital reduction for consideration and dividends in order to repay N’s purchase price of shares to the Defendants (AB). The Defendants were to promote the acquisition of a company of the type of the merger type, but they did not so. The Defendants abused the merger system of companies in their original meaning, and thereby, AB Co., Ltd. (hereinafter “AB”) abused its substantial procedural legitimacy for the purpose of repaying the principal and interest of the debt borrowed in the process of N’s acquisition using N’s cash and cash assets, or by reducing the amount of KRW 61.4 billion from N through subtracting the amount of KRW 61.4 billion from N, thereby having AB gain pecuniary advantage equivalent to that of the same amount.