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Defendants shall be punished by imprisonment for one year.
However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
To the extent that the facts charged in the indictment do not disadvantage the defendants' exercise of their right to defense, some correction or correction was made according to the facts obtained through the examination of evidence.
[criminal record] On May 27, 2014, Defendant A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the decision was finalized on June 4, 2014.
[2] The crime committed by Defendant A, who held office as the representative director of the Victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) from May 14, 2012 to October 10, 2012, and was in general in charge of the operation and fund management of the Victim Co., Ltd. (hereinafter “victim Co., Ltd.”), and I, around 1996, operated the Victim Co., Ltd. by starting the Victim Co., Ltd. and operated the Victim Co., Ltd., and around May 16, 2012, transferred the management right of the Victim Co., Ltd. to A., Ltd., and the Defendant is in the form of Section A.
1. Around May 2012, the Defendant and A acquired the victim company from A to May 14, 2012, and registered as the representative director of the victim company as of May 14, 2012, and on May 16, 2012, the Defendant and A arbitrarily withdrawn the corporate head of the victim company, the victim company’s funds, and the victim company’s funds to be used for their personal purposes.
Accordingly, around May 25, 2012, at the victim company office located in Yeongdeungpo-gu Seoul Metropolitan Government J. 503 (J. 503) around May 25, 2012, A entered into a restructuring agreement with K operator L (hereinafter “L”) under which the defendant is the adviser while keeping the victim company's property for the business of the victim company, and then voluntarily withdrawn KRW 200 million from the victim company's corporate account and paid it to K as the deposit money.
In addition, the Defendant conspired with A, while keeping the property of the victim company in custody for business purposes, at least three times during the period from May 25, 2012 to July 20, 2012, the sum of the funds of the victim company is KRW 280,000,000 ( KRW 200,000,000,000).