In 2005, the defendant and F wanted to raise company funds by making a capital increase at a cost due to the financial crisis of E due to the financial crisis of 2005. In the process, the money raised from G, a corporate bonds company, has been deposited in compensation for the capital increase.

The Defendant provided G with stocks and certificates of deposit as security in relation to the price for the above increase in capital, and guaranteed interest on a certain amount each month, and entered into an agreement with G to compensate for the amount corresponding to the price for the increase in capital when a loss is incurred due to the decline in the price of the stocks.

On November 7, 2015, in order to enter into an agreement to compensate for losses arising from a stock price drop with G, and to use it as operating funds of H (hereinafter “H”) for the Defendant’s representative director, the Defendant voluntarily withdrawn KRW 980,000,000 from the E office around November 29, 2015, the representative director of the E office from the E office to withdraw KRW 98,000,000,000 from the E account under the pretext of payment, and delivered it to G at will on December 7, 2015, by withdrawing KRW 5 billion from the E account under the pretext of payment by the representative director.

Accordingly, the Defendant, in collusion with F, embezzled by arbitrarily using a total of KRW 5.98 billion while keeping E-owned funds.

2. According to the evidence submitted by the Prosecutor, the following facts can be acknowledged.

A. The Defendant acquired management rights of H, a company listed on KOSDAQ around July 2004, including the Defendant’s H and E acquisition, and he was a major shareholder on the KOSDAQ market around November 2004.

I purchased shares of E in the name of the Company I (hereinafter referred to as “I”).

The defendant who has become a de facto major shareholder of E is the wife at a general meeting of shareholders around March 2005.