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Defendant
A and B shall be punished by imprisonment for three years, and by imprisonment for two years, respectively.
However, the defendant C is subject to objection.
Reasons
Punishment of the crime
Defendant
A is a person who served as the representative director from July 26, 2007 to October 31, 2014, and was engaged in the management of the company fund from June 30, 2015. Defendant B is a person who served as the representative director of the victim company from January 2, 2015 to May 19, 2017, and Defendant C is a person who served as the representative director of the victim company from December 30, 2012 to March 31, 2015.
1. Defendant A and B’s joint crimes committed in collusion;
A. On December 24, 2014, at the Seoul Guro-gu Seoul Building and the victim’s office located in H, Defendant A entered into a share transfer agreement to transfer KRW 800,000 of the victim’s shares held in his/her own name to Defendant B, and at the same time, Defendant A entered into a share transfer agreement to transfer KRW 238,000 of the victim’s shares held in Defendant A’s name to Defendant B at KRW 476,000,000 of the victim’s shares held in Defendant A’s name.
According to the above contract, the Defendants handled the purchase and sale price of shares to be paid by Defendant B to Defendant A as the funds of the victim’s company. Defendant B withdrawn from the victim’s J bank account (Account Number K) on January 12, 2015 to the provisional payment for KRW 676 million, and embezzled the purchase and sale price of shares to Defendant A on January 15, 2015 (the above J bank account), KRW 70 million on July 13, 2015 (the above company’s bank account (Account Number L), KRW 250 million on July 13, 2015, KRW 250 million on the above J bank account, KRW 250 million on the above J bank account (Account Number N), KRW 200 million on the said company’s account).
B. On June 2, 2015, while keeping the funds of the victim company in custody at the above office, withdrawn KRW 74.5 million from the above J bank account as the provisional payment, and embezzled the purchase price of stocks by paying it to theO.
2. The defendant.