Text
Defendant
A shall be punished by imprisonment for three years, and imprisonment for one year, respectively.
However, this decision is delivered with respect to Defendant A.
Reasons
Punishment of the crime
1. From December 9, 2008, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) as the representative director of Victim G Co., Ltd. (hereinafter “G”) who is a management consulting company, and managed the execution of the funds of the victimized company.
Defendant
A around November 25, 2008, while keeping the funds of the victimized Company in the course of business using the Japanese bank account (Account Number H) in the name of the victimized Company, transferred KRW 10 million to the Bank account in the name of the Defendant A as advisory fees for the Defendant A's leakage or I, and used voluntarily as Defendant A's personal living expenses and stock purchase funds, etc. around that time, and from that time until December 24, 2009, a list of crimes committed in attached list.
1. The sum of KRW 1,09,000,000,000, as described in the statement, was remitted as advisory fees, and embezzled voluntarily by means of personal living expenses or stock purchase funds, etc.
2. Defendant A, who violated the Financial Investment Services and Capital Markets Act, requested the representative director L of K Co., Ltd. (hereinafter “K”) to promote the business of bypassing to the KOSDAQ market and established G as an investment advisory company to promote this.
Defendant
A, around July 25, 2008, entered into an advisory contract with K and an advisory fee of KRW 3.2 billion, and carried out the business of listing bypass by combining K into KOSDAQ-listed corporations. A, around February 6, 2009, selected M Co., Ltd. (hereinafter collectively referred to as “M”) as a company subject to the merger (hereinafter collectively referred to as “N” after the merger with K on May 6, 2009).
Defendant
A around March 17, 2009, institutional investors holding 20% of the M shares from the date when the merger contract between K and M was announced to the public, sell the shares in M to the market, and the share price is likely to lower than KRW 1,952, which is the appraisal price.