Defendant is acquitted. The summary of the judgment of this case is publicly notified.

1. The summary of the facts charged in the instant case is a person who was sentenced to five years of imprisonment at the Seoul Central District Court on July 28, 201 to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. and was detained legally, and the said judgment became final and conclusive on March 29, 2012, and is currently confined in the etern vocational training prison.

The debtor may not, regardless of whether he/she is before or after the declaration of bankruptcy, conceal any property belonging to the bankrupt estate with the intention of pursuing his/her own interest or impairing his/her creditors, and request it becomes final and conclusive

Nevertheless, the Defendant transferred the funds of the Defendant Company C to the account of the Corporation E operated by the subcontractor Company D, which was kept by the Defendant from January 31, 2007 to March 2009.

The property was concealed by Embezzlement 1,695,325,710 won, which was returned in cash.

After August 26, 2009, the Defendant filed for bankruptcy against the above C with the Seoul Central District Court.

9. A ruling of bankruptcy was rendered on October 6, 10, and the above ruling was publicly announced, and the dividends against the reported creditors on April 29, 2010 were concluded.

Accordingly, the defendant has concealed the property belonging to the bankrupt estate for the purpose of pursuing his own interest, and applied for bankruptcy and confirmed the declaration of bankruptcy.

2. In the case of an ordinary competition relationship under Article 40 of the Criminal Code, the res judicata effect of a final and conclusive judgment on one of them extends to other crimes (see, e.g., Supreme Court Decisions 91Do643, Jun. 25, 1991; 91Do2642, Dec. 10, 191). Here, one of the acts here refers to a situation in which an act is evaluated as one of the nature of things, regardless of the legal evaluation.

(See Supreme Court Decision 86Do2731, Feb. 24, 1987). According to the records, the defendant is the victim C Co., Ltd. (hereinafter “C”).

The corporate fund as the representative director of such corporation.