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A defendant shall be punished by imprisonment for three years.
except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative director of the victim G Co., Ltd. established for the construction project of officetels in the land located in Busan Metropolitan City, which is owned by the complainant E, etc., and is a person in charge of the execution of new construction projects and the management of funds to settle profits remaining in the victim company by receiving the sales price, etc. through trust and fairly executing the project funds, such as construction cost, etc.
1. Around November 16, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has been paid from the above complainant at H4 in Busan, Jung-gu, Busan, and has returned KRW 180 million out of KRW 250,000,000 to the complainant for the capital increase of the said G, and has been kept in custody for the operation of the victim company, the Defendant embezzled the said amount by arbitrarily using the said amount from that time to September 24, 2012, from that time, as indicated in the list of crimes, including voluntarily remitting the said amount to the Defendant’s I account, from that time to September 24, 2012.
2. On November 15, 2010, the Defendant applied for the registration of change of the total amount of the company’s capital from KRW 250,000 to KRW 500,000,000,000 to KRW 2500,000,000,000 from E registered as a shareholder and director as a result of capital increase of the incorporation capital of the said company G from KRW 250,000,000 to KRW 250,000,000,000 to the account of the said company. On November 16, 2010, the Defendant obtained a share payment certificate from the above bank and received a share payment certificate from the Busan District District Court registry located in Busan Dong-dong, Busan, Dong-gu, Busan, to KRW 250,00,000,000 from KRW 250,000 (new issuance per share of KRW 10,000 per stock).
As a result, the defendant makes the best payment of shares, and let a registered public official make the shares issued by the above corporation on the same public electronic record as the commercial register which is the original copy of a notarial deed.