Text
Defendant
A Imprisonment with prison labor for one year and for four months, respectively.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
1. Defendant A
A. From October 2007, the Defendant operated an individual manufacturer with the trade name of “E”, and around September 2008, F joined the above E and became in charge of the management of E’s funds. On March 2009, the Defendant and F created the Victim G Co., Ltd. (hereinafter “victim Company”).
From March 2009, the Defendant, as the actual representative director of the victim company, was a person in charge of the above company’s business, and F, from March 2009, was in charge of the management of the victim company’s funds, and was in charge of the victim company’s account (H), Daegu Bank account (I), and the National Bank Account (J). The Defendant and F, by reducing the victim company’s funds, conspired to take over the shares of K Co., Ltd. which are irrelevant to the victim company in the name of the Defendant and F, by taking care of the victim company’s funds.
The Defendant, in collusion with F on July 9, 2009, voluntarily released the amount of KRW 80 million from the said account and consumed it out of the funds to acquire shares of K&A, on the basis that the National Bank near the Seongbuk-gu Busan Western Industrial Complex manages the said national bank account in the name of the victim company.
Accordingly, the defendant embezzled the property of the victim company in collusion with F.
B. On June 2010, the Defendant: (a) at a law firm Daesung-gu, Daegu-gu Office for the purpose of having F take criminal punishment; and (b) required F to prepare a complaint containing false information about F to the employees of the said office for the purpose of having F take criminal punishment.
On July 9, 2009, the complaint "F, a defendant, arbitrarily withdraws 120 million won from the national bank account (L) in the name of the complainant on July 9, 2009 to purchase the shares of K Co., Ltd. without any notification or guidance, and embezzled by using it to purchase the shares of K Co., Ltd. and forged two copies of the share transfer contract in the name of the complainant in the process.