The Plaintiff is a creditor who holds convertible bonds with a face value of KRW 1 billion issued by D Co., Ltd. (hereinafter “Nonindicted Company”). Defendant A is a representative director of the non-party company from August 11, 2006 to August 11, 2009; Defendant B is a director of the non-party company from July 26, 2006 to July 26, 2009; and Defendant C is a director of the non-party company from July 26, 2006 to March 31, 2009, respectively.

Defendant A and E intended to make part of the funds raised by the non-party company by issuing convertible bonds as non-financial resources, the KRW 1 billion was remitted to the F Co., Ltd. (hereinafter referred to as “F”) under the pretext of investment, and KRW 500,000,000 to G, respectively, as the price for acquiring the stocks of the F.

According to the public invitation of the above Paragraph (b), on August 16, 2006, Defendant A prepared the minutes of the board of directors that the board of directors of the non-party company made a resolution to pay KRW 1 billion to F, and KRW 500 million to G, and the said minutes contain the presence of Defendant A and B.

On August 17, 2006, according to the resolution of the board of directors mentioned in the above sub-paragraph (c), the non-party company entered into a share transfer agreement with G to purchase KRW 500 million, and remitted KRW 500 million to the account of the Japanese bank in the name of G. On the same day, the non-party company entered into an investment agreement with F to invest KRW 1.5 billion and pay KRW 1 billion as soon as the contract was entered into, and remitted KRW 1 billion to the national bank account in the name of F.

Defendant A received KRW 900 million back from G and delivered it to E according to the public invitation described in the above B B, and was sentenced to one year of imprisonment and two years of suspended execution as Seoul Central District Court 201Gohap359 on September 14, 2012 due to such criminal facts. Defendant A appealed, but was sentenced to one year and six months of imprisonment and three years of suspended execution as Seoul High Court 201No315 on November 7, 2013, and was sentenced to one year and six months of suspended execution and three years of suspended execution. The second appeal was dismissed by Supreme Court 2013Do4348 on August 29, 2016.