A. From June 19, 2007 to December 20, 2014, Defendant B served as the representative director of the Plaintiff, and managed overall operation and fund management of the Plaintiff. Defendant C was registered as the wife of Defendant B, and from June 19, 2007 to March 30, 2013 as the Plaintiff’s auditor.

B. On July 7, 2017, Defendant B appealed 4 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the fabrication of private documents, and the uttering of a falsified document (2016Gohap262) but the appeal was dismissed on September 21, 2017 (Seoul High Court 2017No231).

The criminal facts in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes are as follows.

Criminal facts

Defendant (Defendant B), while managing the Plaintiff’s funds in the course of business, embezzled KRW 2,890,785,982 of the damaged company’s funds by withdrawing cash from January 4, 2008 to July 11, 2014 as the following provisional payments, vehicle leasing charges, operating allowances, and overseas exit equipment to the Defendant’s wife C (Defendant C) by means of remittance, alcohol payment, automobile leasing fees operated by C, etc.

① Around February 20, 2013, the Defendant: (a) transferred the amount of KRW 10 million from the D Bank account (Account Number E) in the name of the victimized Company in the name of the Defendant to the D Bank account under the name of the Defendant; (b) transferred it to the D Bank account in the name of the Defendant; and (c) arbitrarily used it; (d) from January 4, 2008 to July 11, 2014, the Defendant embezzled KRW 2,301,475,957 in total of the funds of the victimized Company by the said method as described in paragraph (1) of the List of Crimes (attached Form 1) by using the Defendant’s living expenses, entertainment expenses, etc.

(2) On December 9, 2010, the Defendant refers to H in the name of a victimized company and in the name of a victimized company.