A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Basic Facts] The Defendant is a person who served as the representative director of C, and around December 2012, the actual representative of D (hereinafter “D”) of D, Inc. (hereinafter “D”), entered into a contract for the sale of mobile merchandise coupons with C, affiliated private companies, G (hereinafter “G”), and is planning to distribute merchandise coupons in modern department stores. It is anticipated that the Defendant would be able to obtain considerable profits through such business, and he will take over F. On the basis of “F”. On December 24, 2012, D, a sole shareholder, concluded a contract for the acquisition of shares H’s shares 10,500 shares, which are 10,00 shares of H, a sole shareholder.

The acquisition of the shares above shall be equal to the number of directors composed of ① D and F.

(2) The F representative director shall A.

(3) The directors designated in D shall perform the duties of financial management directors.

(4) D shall manage the funds and accounts of the F.

(5) The benefits of executives and employees shall be paid from the time when the amount of cash income to meet the various monthly expenses is possible.

“The content, etc. included”

On December 26, 2012, the Defendant assumed office as F’s representative director according to the terms of the above contract, and when the I director designated in D takes charge of financial management, the Defendant managed F’s principal transaction account (JJ) and transaction seal.

[2] The Defendant, who is in the position of the representative director of the victim F, had an external authority over the deposit, withdrawal and enforcement of the company’s funds, and had the intent to use the company’s funds.

1. On December 26, 2012, at the victim company office located in Gangnam-gu Seoul, Seoul and 601, the Defendant transferred money to G under the name of a deposit under the “cosmetic gift certificates sales contract” through the said I on the same day.

Of KRW 100 million, KRW 50 million, April 19, 2013, KRW 15 million, and KRW 25 million on May 15, 2013, including the above I, shall go back to D counterparts.