A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

On May 16, 2012, the Defendant entered into a contract with E to acquire 210,00 shares and management rights of the victim company (hereinafter “instant acquisition of management rights”) from E, which is the founder of the victim company D (hereinafter “victim company”), and took office as a joint representative director of the victim company around that time.

The content of the management right transfer contract of this case was that "the defendant takes over 105,02 shares on the day of the contract from E and pays 15 billion won as the down payment, and takes over 55,998 shares on the day six months have elapsed from the contract date and pays 8 billion won as the price. The defendant takes over 49,000 shares within five business days from March 31, 2013 and pays 7 billion won as the price, but at the same time, he/she shall take over all data necessary for the management of the company, such as the seal impression, name card, bank deposit passbook, etc. of the company."

However, the Defendant, on May 2012, prior to the conclusion of the contract, lent the down payment of KRW 15 billion to E from F, a bond business operator, who was prior to the acquisition of the management right of this case, and had been willing to embezzled the funds of the victim company by taking over the corporate passbook of the victim company from E, and repaying the debt to F with the funds of the victim company.

Accordingly, around May 10, 2012, the Defendant requested F to raise and request the down payment of 15 billion won necessary to conclude the contract even after acquiring the management right of this case. On the other hand, the Defendant requested F to open the corporate account in the name of the victim company in the name of the victim company and transfer all of the funds of the victim company to the above account to the above account and transfer them to the defendant on the date of the contract, and register himself as a joint representative director before concluding the contract.

E opened a corporate account in the name of the victim company at the south-dong branch of the Bank around May 10, 2012, and around May 11, 2012, the victim company is owned by the victim company.