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Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
Reasons
Punishment of the crime
Defendant
A From November 14, 2005 to November 14, 2005, the representative director of G (hereinafter “G”) who is a performance planning company, and Defendant B had been in charge of marketing promotion duties while working as a director at the above company from October 1, 2013 to November 30, 2014.
1. On September 2013, each of the Defendants against the Victim H and I (Korean Name J) recommended the Defendant to make an investment in N in 2014 (hereinafter “N in 2014 public performance”) at L, a director, and the victim I (M’s husband), a representative director, in the office of L (hereinafter “L”) located on the first floor of the Gangnam-gu Seoul Southern Building, Gangnam-gu Office. The Defendants were asked from the victim H about the sales amount of the open N in 2013 (hereinafter “public performance in 2013”), and “The sales amount of the public performance in 2013 was less than KRW 1 billion, and the expenses incurred in the public performance amount exceeded KRW 1100 million.”
Defendant
On October 2013, A received a request from the victim H to send the data relating to the amount of public performance in 2013 from the victim H to a mobile phone, and around that time, A instructed the above victim B to send the data relating to the amount of public performance performance sales in 2013 to the above victim through G's staffO, and Defendant B sent the data related to the amount of public performance sales to the above victim on October 21, 2013.
At the G office located in the G office, a settlement report was prepared with the sales revenue of 2013 “934,421,030 won” using the computer located therein, and sent e-mail to Defendant A and the victim H on the same day. Defendant A considered the settlement report on October 22, 2013.
Around that time, the victim H made an investment in 2013 with the belief that the public performance sales amounted to KRW 934,421,030, while the victim I made an investment in the above L office on October 2013.