A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who is a registered company of the Exchange, and has overall control over the business of the company, has ultimate responsibility for the execution of funds in light of the scale of the company, and is responsible for the direction and supervision of the employees

1. Around February 14, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) caused E, an employee of the victim company, to open a national bank account in the name of the stock company F (hereinafter “F”), which acquired the said shares in the victim company on the same day, and deposited the victim company’s funds of KRW 2 billion in the said account immediately after depositing it into the said account, which is the related company of the victim company (hereinafter “G”), and used the amount of KRW 1.5 billion out of which the Defendant lent the name of F as the price for acquiring the I bonds with warrants, an employee of the KOSDAQ-registered company, and embezzled the remainder of KRW 500 million by arbitrarily consuming it by means of having G make investments in the real estate implementation business.

In the written indictment, the defendant immediately withdrawn KRW 2 billion after transferring it to F account in the name of F, and the amount of KRW 500 million among them is stated that the defendant invested in the implementation project by lending the name of F. Since the net crime that the defendant transferred funds to F account in the name of F is completed, it is only the circumstances after the crime is committed. However, in the records, the above KRW 2 billion has been transferred to F account in the name of F, and it is difficult to conclude that the defendant is the subject of investment and G has been lent only by the evidence submitted by the prosecutor.

2. The defendant has violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in acquiring equity shares in another corporation as the representative director of the victim company.