Defendant

A A shall be punished by a fine of five million won, and Defendant B shall be punished by imprisonment with prison labor for four months.

Defendant

A does not pay the above fine.

Punishment of the crime

Defendant

B On November 12, 2015, the Seoul Central District Court sentenced six years of imprisonment for fraud, etc., and the said judgment was finalized on January 4, 2016.

Defendant

B As the representative director of the F Co., Ltd. in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "F"), a person who is engaged in mediating the trade of golf club membership. Defendant A is the business director of F, who is in charge of mediating the trade of golf club membership and F accounting affairs.

As of October 2013, F was unable to pay employees' wages in excess of approximately KRW 800 million as of the company's liabilities. On November 201, 2013, F was unable to secure and transfer membership rights even if it is difficult for the customers to receive money from the customers who intend to purchase the company's office because the company's employees embezzled the amount of KRW 500 million received from the customers, such as provisional seizure of the company's office rent deposit. At the time, Defendant B was under the circumstance of being tried or investigated by an investigative agency for a criminal fact that the customers who wish to purchase the company's membership rights did not request sale from the owners of membership rights or without securing membership rights.

Nevertheless, Defendant B deceiving people who wish to purchase golf membership to mediate and continuously raise funds for the company operation, and ordered the employees of Defendant A and other F to actively attract those who wish to purchase membership. Accordingly, Defendant A was aware of all these circumstances as the director of the accounting division, and thus, Defendant A was willing to attract customers who wish to purchase membership rights in accordance with Defendant B’s order, even though he knew that he could not transfer membership rights even if he received money from customers.