Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

In the past, the victim D had been operated as an individual enterprise with the defendant A.

While changing E to a stock company, Defendant B had 51% of the shares of the victim and Defendant B had 49% of the shares on condition that Defendant B invested KRW 30 million.

Defendant

B invested KRW 30 million to E on February 4, 2014, and then, in collusion with Defendant A, intended to return KRW 10 million among them, and Defendant A voluntarily used the company’s funds by transferring KRW 10 million out of the funds of private business chain E, which was kept and managed in the name of the National Bank Account (H) at the office of the company E located in Busan Dongdong-gu, Busan, to the Internet Bank Account (H) on February 5, 2014.

Accordingly, the Defendants conspired and embezzled the company funds of KRW 10 million.

Summary of Evidence

1. Legal statement of the witness D;

1. Copy of business registration certificate, copy of corporate registry, G himself/herself financial transaction statement, and copy of a statement on changes in stocks, etc., among documents attached to a complaint;

1. The Defendants and the defense counsel’s assertion as to the Defendants and the defense counsel’s assertion on the submission of additional evidence (on the cellphone printing screen) asserts that although the Defendants and the victims agreed to contribute KRW 10 million to each of the investment agreements on the stock company E, the victims did not have the above investment amount, Defendant B bears the burden first and the victim returned from the funds of the personal business chain E.

However, the evidence submitted by the prosecutor does not have a written agreement on the investment agreement. However, the personal business chain, which the victim had operated with the defendant Gap, changed to the stock company and the defendant Eul participated for the first time as the equity interest holder; the defendant Eul deposited KRW 10,000,000 into the national bank account in his/her own name on January 24, 2014, and then received KRW 10,000,000 from the defendant on January 27, 2014 and January 28, 2014, and then received KRW 10,000 from the defendant on February 4, 2014.