Defendants shall be punished by imprisonment for three years.

However, the execution of each of the above punishments for five years from the date this judgment became final and conclusive.

Punishment of the crime

[2016 Gohap69] - Defendant A, B, C, and D

1. The Defendants’ occupational breach of trust Co., Ltd. F (hereinafter “F”) was established for the purpose of real estate sale and good offices, and the rehabilitation procedure commenced at the Changwon District Court on February 19, 2009 at the 2009 meeting, Defendant A was appointed as the manager of the said company.

In addition, G Co., Ltd. (hereinafter “victim”) was a F’s subsidiary established for the purpose of real estate sale and lease business (F is holding 71.37% of the shares of the victim company), and Defendant B was appointed as the representative director of the victim company on February 18, 2009.

Defendant

C served as the director and the vice-director in the above F, and from January 2008, the victim company's management planning team was working as the vice-director in charge of overseas projects.

On June 8, 1995, the victim company, along with the investment service company (H) of Vietnam, intended to build and operate the apartment complex of "J" in the area of Ho Ho-si of Vietnam, and "K, establishing a joint venture corporation of "K", invested USD 7,129,371, thereby holding 60% of the shares in the above corporation (hereinafter "the shares in this case").

Since November 3, 2009, when the victim company attempted to sell the instant equity interest from around 2008 to raise funds for debt repayment, but failed to sell the said equity interest because of the lack of a purchaser, the victim company prepared a plan to create a new company by creating a fund of L executives and employees to purchase the said equity interest after establishing a new company with an opportunity for re-examination. On November 12, 2009, the victim company issued the first fund recruitment notice to the effect that at least KRW 10,000 won can be subscribed for at least 10,000 per unit and 10 old equity shares against the executives and employees of L affiliates, but the fund applicants were not recruited.

During that period, Defendant D, a certified accounting private person, is the victim around November 26, 2009.