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A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
The Defendant, from December 27, 2006 to March 28, 2008, served as the representative director of the Company I (hereinafter referred to as “State I”) that is a KOSDAQ-listed company, and exercised the right of management as the substantial owner of the Company J (hereinafter referred to as “State J”) that is a subsidiary company of either State I and State I (hereinafter referred to as “StateJ”).
1. Around November 15, 2006, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) took over shares of 1,038,300 shares (18.4%) held by K prior to the largest shareholder of K from November 15, 2006 in KRW 6.448,8610,00, and paid the shares acquired from K as collateral from L, etc.
When the Defendant was placed in a situation where it is impossible to repay the above corporate fund due to the lack of financial conditions, the Defendant arbitrarily withdrawn the corporate fund of the I to use it for the repayment of the corporate fund, living expenses, etc. for L.
From January 24, 2007 to February 14, 2008, the Defendant embezzled funds of 10,097,022,780 won in total 24 times from January 24, 2007 to February 14, 2008, as shown in the attached Table 1, from among the funds of 1.5 billion won from a company's capital, which was in the management of the company's capital at the (State) I account in the (State) Office of Nam-gu Incheon Metropolitan City for the company, to AY without any trade relation with the company, and embezzled them by voluntarily using funds of 1.5 billion won from January 24, 2007 to February 14, 2008.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) shall minimize the risk of losing the assets provided as security and cause damage to the company through a resolution of the board of directors, etc. if the principal obligation is not repaid due to the provision of the company's assets as the representative director of I as security for personal debts.