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Defendant
B Imprisonment for two years, Defendant A and C shall be punished by imprisonment for one year and six months.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
1. Facts of premise;
A. The Defendants, victims, and other relevant Defendants B served as the representative director of N Co., Ltd. (hereinafter “N”) from November 2, 1998 to November 2, 2001; from March 20, 2002 to August 1, 2006; and from March 12, 2003 to February 26, 2007, they currently serve as the representative director of P Co., Ltd.; Defendant A served as a director of Q (hereinafter “ Q”) from March 2, 2001 to May 2006; Defendant C is a person who serves as the director of N Co., Ltd from March 12, 2003 to May 1, 2008; and Defendant C is a person who serves as an auditor from March 12, 2003 to O.
The victim J served as N's representative director from October 12, 2002 to March 31, 2008, and is a shareholder of Q, R, S, and T Co., Ltd. (hereinafter referred to as "Co., Ltd.") who is a single-person company, and actually has been managing the above company.
Defendant
B and the victims established N around 198 and jointly operated as each representative director. From around 1998 to 2004, the victims recovered subsidies of KRW 30 billion from the operating capital, such as employees’ benefits, loan interest, building rent, etc. by means of lending Q, etc., to N. The victims did not go out of the hostile state. At around 2005, N did not recover subsidies of KRW 1,117,82,960 in total, except for those subsidies to pay for bills issued by S, etc. (i.e., the total amount of KRW 885,090,040 in deposit - the total amount of KRW 2,002,913,00 in deposit - the amount of KRW 1,117,82,960 in return for the payment of bills issued by S, etc., and did not provide the operating capital to employees’ benefits.
B. A victim’s U.S. establishment and a victim of a title trust of shares establish a plan to support N’s operating funds with profits from the construction and operation of golf courses around 2003, and take over 50,000 shares issued on March 6, 200, and pay KRW 500,000,000, which is the total amount of the acquisition value of the shares.