Defendant 1 and six others

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Law Firm Sampo Law Firm, Attorneys Kim Jong-tae et al.

Defendant 1’s imprisonment and fine of KRW 5,000,000, Defendant 2 and Defendant 3’s imprisonment and fine of KRW 5,000,000, Defendant 4, 5, and 6 stock companies shall be punished by a fine of KRW 5,00,00,00, and Defendant 7 stock companies shall be punished by a fine of KRW 3,00,00,00, respectively.

The 18-day detention days prior to the rendering of a judgment shall be included in the above imprisonment with prison labor for Defendant 1.

Defendant 1, 2, 3, and 4 fail to pay each of the above fines, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 50,000 won per day into one day.

However, from the date this judgment became final and conclusive, the execution of each of the above imprisonment for two years shall be suspended for Defendant 1, and for Defendant 2 and Defendant 3, for one year.

An order to pay an amount equivalent to each of the above fines shall be issued.

From January 200 to March 200, Defendant 1, as the actual representative director of Defendant 5 corporation, oversees the management of the company, such as personnel and fund management, and around 200, Defendant 5’s employer of technical research institutes affiliated to the company designated as the designated entity incorporated as technical research personnel for military service from the Military Manpower Administration, and Defendant 2, from March 200 to March, 200, exercise overall control over the management of the company as the representative director of Defendant 6 corporation, who was selected as the designated entity incorporated as the special military personnel for information processing from the Military Manpower Administration to the date of enlistment as the designated entity incorporated as the special military personnel for military service in the field of information processing, and Defendant 3, from March 2002 to March 200, managed the management of the company as the representative director of Defendant 7 corporation, and around 2000 to March 200 to the date of incorporation of the industrial technical research personnel among the designated entities incorporated as the special military personnel for information processing in the field of information processing from the Military Manpower Administration.

1. Defendant 1 and 2 conspired:

Around June 2003, the facts revealed that Nonindicted Party 1 (the Nonindicted Party in the judgment of the Supreme Court), who is an employee of Defendant 6 corporation, had a master’s degree without being qualified as industrial technical personnel; thus, there was a problem that the special personnel cannot be transferred to the said Defendant 6 corporation, the special company for industrial technical personnel, and Defendant 2 requested the same Defendant 1, who is the representative director of the said Nonindicted Party 1, the special company for technical personnel personnel who can be transferred to the master’s degree in order to resolve the military problem of the above Nonindicted Party 1, to transfer the above Nonindicted Party 1 to the technical research institute affiliated with the said Defendant 5 corporation, upon the request of the said Nonindicted Party 1, who is the representative director of the said Nonindicted Party 1, the special company for technical personnel personnel personnel who can be transferred to the master’s degree in order to transfer the foregoing Nonindicted Party 1, and

From June 5, 2003 to January 1, 2007, when the above non-indicted 1 (person in active service) was transferred to technical research personnel as above, from around June 5, 2007, to the date when the service expires, he had the above non-indicted 1 (person in active service) engage in software development work at Defendant 6 Co., Ltd., regardless of the fact of dispute development in the technical research institute affiliated with the above defendant 5 Co., Ltd., the designated entity, and did not have the person engaged in software development work at the above designated entity’s site and did not inform the director of the competent regional

2. Defendant 1 or 3 conspired,

Around July 2003, the facts revealed that Nonindicted 2, an employee of Defendant 5 Co., Ltd., was not the holder of a master’s degree; thus, there was a problem that he could not be transferred to the special personnel of the above Defendant 5 Co., Ltd., the special expert research personnel, and Defendant 1, in order to resolve the above Nonindicted 2’s military problem, requested Defendant 3, the representative director of the special industrial personnel company Defendant 7 Co., Ltd., to conduct a disguised incorporation into the above Nonindicted 2, and subsequently, around July 5, 2003, the above Nonindicted 2 acquired the above Nonindicted 2 by drafting and submitting a false application for incorporation into the software development team, as if he was employed by Defendant 7 Co., Ltd. in the development team, and was engaged in the software development business, and the actual service was decided

From July 5, 2003 to December 18, 2004, the above non-indicted 2 (persons eligible for supplemental service) who transferred to defendant 6 corporation from around July 5, 2003 to the disguised industrial technical personnel as above, had the aforementioned non-indicted 2 (persons eligible for industrial personnel) engage in equipment test operations at the hardware team of technical research institutes affiliated with defendant 5 corporation, regardless of the software development work of the above defendant 7 corporation development team, the designated entity, and did not have the pertinent designated entity engaged in equipment test operations, etc., and did not inform the director of the competent regional military manpower office of

3. Defendant 1 and 2 conspired:

Around October 2004, Defendant 1: (a) transferred the above non-indicted 2 to the above non-indicted 7 corporation; and (b) requested Defendant 3 to transfer the above non-indicted 2 to another company; and (c) requested Defendant 2, the representative director of the above non-indicted 6 corporation to transfer the above non-indicted 2 to the other company; and (d) on December 18, 2004, the above non-indicted 2 transferred the above non-indicted 2 to Defendant 6 corporation to the non-indicted 6 corporation and was engaged in software development; and (e) made a disguised transfer of the above non-indicted 2 by preparing and submitting a false application for change of occupation; and (e) decided that the actual work continues to be conducted at the technical research institute affiliated to the above defendant 5 corporation.

The above non-indicted 2 (person in supplemental service) who had been incorporated from around December 18, 2004 to September 16, 2005, the expiration date of service, as above, had the above non-indicted 2 (person in supplemental service) engage in equipment test operations at the hardware team of the technical research institute of defendant 5, a designated entity, regardless of the software development work of the above defendant 6 corporation development team, and did not have the person engaged in equipment test operations at all, and did not inform the director of the competent regional military manpower office of the fact that the person was not engaged in

4. Defendants 1, 2, and 4 conspired in sequence,

On July 2003, Defendant 1 requested that Nonindicted 3, who was a faculty member of the doctoral degree course of Defendant 4, was transferred to expert research personnel service from Defendant 5 Co. , Ltd., and on June 9, 2003, the above Nonindicted 3 was not a master's degree as a member of the side ○○○ and fourth grade leave of age, and thus, it cannot be transferred to an affiliated technical research institute of the above Defendant 5 Co., Ltd., a special expert research personnel business entity. On September 26, 2003 upon request from Defendant 2, the above Nonindicted 3 was transferred to the special technical research institute of the above Defendant 5 Co., Ltd., a skilled industrial personnel business entity, and was transferred to Defendant 6 of the above Defendant 2, a special technical research institute of Defendant 2, a skilled industrial personnel business, and was engaged in the business of the said Defendant 3 by preparing and submitting a false application for incorporation as if he were engaged in the business of the said company.

From September 26, 2003 to July 31, 2006, the expiry date of service as above, the above non-indicted 3 (person on active duty) had the above non-indicted 3 (person on active duty) be engaged in the software development work of the above defendant 6 corporation, not in the software development team of the above defendant 6 corporation, but in the technical research institute annexed to the above defendant 5 corporation, not in the designated entity, and did not have the above designated entity engaged in the corresponding work of the pertinent designated entity, and did not notify the head of the competent regional military manpower office of the fact that the person

5. Defendant 1

On March 2002, in order to operate Defendant 5 Co., Ltd., a special company for technical research personnel, to expand the business area and enter into the home network server development project by expanding the business area, Nonindicted Co. 5, a holder of a master’s degree, who is a non-designated entity that was not a designated entity that was not a special case for military service, has been established separately by the Defendant and served as a representative director, was transferred to the said Defendant 5 Company

The above non-indicted 5 (person on active duty) who transferred from March 9, 2002 to ○○○ Research Center from November 1, 2004 to the above disguised incorporation, had the above non-indicted 5 (person on active duty) engage in the home network server development work at the non-indicted 4 corporation, which is not a company of special military service, regardless of the duty of the technical research institute development team affiliated with the above defendant 5 corporation, the designated entity, and did not have the company of special military service engaged in the home network server development work, and did not notify the head of the competent regional military manpower office

6. Defendant 5 Company

The above defendant 1, who is the employer of the defendant at each temporary location of the above 1. and 5., committed each of the above offenses in relation to the defendant's duties;

7. Defendant 6 corporation

The above defendant 2, who is the employer of the defendant at each temporary location of the above 3.3 and 4.4. commits each of the above offenses in relation to the defendant's duties;

8. Defendant 7 Company

The above defendant 3, an employer of the defendant at the time and place of paragraph 2, committed the above violation in relation to the defendant's duties.

1. Each legal statement of the defendant 1, 2, 3, and 4;

1. Entry of the protocol concerning the examination of suspect by the prosecution against the defendant 1, 2, 3, and 4;

1. Statement on Nonindicted 6’s prosecutorial statement

1. Each statement in the preparation of Nonindicted 1, 2, 3, 5, and 7

1. Statement of each investigation report (including accompanying documents);

1. Article applicable to criminal facts;

A. Defendant 1, 2, 3, and 4: Articles 84(2) and 40 of the Military Service Act; Article 30 of the Criminal Act (the fine against Defendant 4; the rest of the Defendants shall be fined); Articles 92(1) and 39(3) of the Military Service Act; Article 30 of the Criminal Act

(b) Defendant 5, 6, and 7: Articles 96, 84(2), and 92(1) of the Military Service Act;

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Code

1. Detention in a workhouse (Defendant 1, 2, 3, 4);

Articles 70 and 69(2) of the Criminal Code

1. Inclusion of days of pre-trial detention (Defendant 1);

Article 57 of the Criminal Act

1. Suspension of execution (Defendant 1, 2, and 3);

Article 62 (1) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Yang Sung-chul