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Defendant
A shall be punished by imprisonment for three years.
Defendant
Of the facts charged against A, victim N Co., Ltd. on December 2007.
Reasons
Punishment of the crime
Defendant
A around January 6, 2005, around KRW 130,00 (13.50%) and management right of KRW 130,00 (13.50%) and KRW 2.1 billion under the name of R, S, one’s own property, and thereafter, A transferred the O’s shares and management right to C, a stock company, V (hereinafter referred to as “V”), while operating the O by means of holding the O’s shares and management right through T, a stock company (hereinafter referred to as “T”) and U (hereinafter referred to as “U”).
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and occupational embezzlement;
A. A. Around March 3, 2006, T in fact, Defendant A’s occupational embezzlement related to U’s repayment of U’s debt, acquired O’s shares and management rights from Defendant A, and on March 22, 2007, agreed to transfer O’s shares and management rights for KRW 2,214,648 (7.65%) and KRW 10 billion to U.S. operated by W. However, on or around September 22, 2007, T and U did not pay the remainder of transfer proceeds by paying KRW 7.875 billion out of U’s transfer proceeds.
On the other hand, U paid 4 billion won to O's capital increase for new shares on April 20, 2007 after the above transfer contract, and additionally acquired 5,298,013 shares of O. In addition, T returned 7.875 billion won of the transfer price received and transferred 2,214,648 shares, the management right of O was not refunded.
Accordingly, Defendant A returned and transferred part of the above transfer price (as approximately KRW 3.875 billion) and part of the O shares held by U (as approximately KRW 2,214,648) to W, and acquired U from W.
U at the time, on April 20, 2007, assumed the liability of KRW 4 billion in total, including the debt of KRW 3 billion with respect to the Daewoo Securities Co., Ltd. (hereinafter “Treatment Securities”) related to the payment of subscription money for new shares, and held KRW 5,298,013 shares ofO acquired through the above subscription money for new shares.
(1) Defendant A shall keep in custody on October 22, 2007.