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Defendant
A Imprisonment for a term of two years and six months, imprisonment for a term of two years, and imprisonment for a term of three years for a term of three years, respectively.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
A From October 3, 2013, from around October 3, 2013, for the purpose of software development business, translation and publication business, etc., the victim D Co., Ltd. (the trade name prior to the change on August 27, 2014, “Co., Ltd. E”; hereinafter “victim”) was the internal director of the victim Co., Ltd.; from October 29, 2015, the victim Co., Ltd. was working as the representative director of the victim Co., Ltd.; and from October 29, 2015, the victim Co., Ltd. decided the final decision on major policies concerning overall management of personnel, funds, contracts, etc.; and Defendant B was working as the victim Co., Ltd.’s internal director from around October 3, 2013; Defendant C was in charge of fund management duties while working as the head of the victim Co., Ltd.’s management support office from around 2005 to July 2015.
1. On December 2014, Defendants A and C instructed Defendant B and C to take over the F Co., Ltd. at KRW 2 billion and to take over the acquisition fund. As the acquisition fund is required, Defendant A and C instructed the victim company to raise funds with raising funds, and to embezzled the difference by additionally raising the research service cost to be borne by the victim company.
According to the aforementioned public offering, the Defendants: (a) requested a professor G to provide “H” and paid KRW 25 million for research service costs; (b) Defendant B changed the account number and password to the above G and delivered it to Defendant C; and (c) Defendant C transferred KRW 25 million to the professor G at the victim company’s office located on the fifth floor of Gangnam-gu Seoul, Seoul to the victim company located on the fifth floor; and (d) Defendant C transferred the funds to the original account in the name of G that was received from Defendant B and managed by Defendant C; and (c) the sofed research service cost was paid to Defendant C to the account in the name of G that was managed by Defendant C; and (d) Defendant C transferred the funds from the said account to Defendant C, 18,730,000 won on December 24, 2014; and (e) Defendant C transferred the funds from the said account to Defendant C, 206,60,600,616, Jun. 24, 2015.