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Defendant
A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.
Defendant
B The above fine.
Reasons
Criminal facts
1. Defendant A had the intent to carry out an apartment building construction agency business with respect to approximately 8,00 square meters of the F of the Yeongdeungpo-gu Seoul Metropolitan Government F, for the removal of old housing units and the new construction of apartment units. On November 26, 2009, Defendant A established a “H Co., Ltd.” (hereinafter “H”) with the Defendant’s father G as the representative director, and was in charge of the management and execution of the funds, taking the fact into account the representative director of the said company.
Around that time, the Defendant introduced I and transferred KRW 200,000,000 to the above G passbook from November 30, 2009 as investment money for the said business, and was in the occupational custody for the said H. Around December 4, 2009, the Defendant released KRW 100,000 from the above passbook from the above passbook to the above passbook in the name of the JJ and embezzled KRW 15,909,569 in total by means of remitting KRW 5,909,569 in the name of the family by December 7, 2009.
2. Defendant A and B, while working as the de facto representative director of H, knew of the fact that the company capital should be more than 500 million won in order to operate the housing construction project, Defendant A and Defendant B, the chief of H office of the L corporation, at the H office located on the 3rd floor in Yeongdeungpo-gu, Young-gu, Young-gu, and at around December 2009, requested Defendant B, the chief of H office of the L corporation, for the purpose of increasing the capital amount of KRW 1 million to KRW 51 billion in the amount of KRW 500 million in the capital amount of KRW 1 million in the capital amount of KRW 1 million in the capital amount of KRW 51 billion in the capital amount of KRW 500 million in the capital amount of KRW 1 million in the capital amount of KRW 500 million in the capital amount.
Thus, on December 17, 2009, Defendant A received KRW 500,000 from Defendant B to the national bank (M) account in the name of H, and received a certificate of custody of the share capital from the said bank, and then, on December 18, 196, Defendant A pretended to pay the capital by having the said C withdraw the total amount of KRW 500,000 at the new branch of the national bank at the new branch of the national bank.
Defendant
A has paid shares as above.