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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
In November 2007, the Defendant, together with F, transferred the management right of G to I on May 23, 2008 while jointly taking over and managing the management right of G Co., Ltd. (hereinafter “G”), which is a hardware and software development business entity, and operated G by July 2010 after acquiring the management right of G from I on the end of December 2008.
I accepted G from the Defendant and F in May 2008, and substantially operated the company until the end of December 2008, and took the position of J as the representative director of G and took overall control of the company affairs by direction of J.
J is the representative director of G from July 2008 to July 2010 who has been in charge of the management of personnel and the execution of funds.
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was recruited with I and J to use the company fund for the purpose of personal stock purchase fund by reducing the company fund under the pretext that G acquired the shares of K (hereinafter “K”) in the Indonesia mine and real estate consulting company located in Indonesia.
On August 14, 2008, the Defendant: (a) made G and J prepare a written contract in which G acquires 5% of K’s equity interest from L in Washington (hereinafter “L”); and (b) made G’s company fund transfer KRW 2.4 billion to the above L account under the pretext of advance payment.
However, the above L was merely a Ppaer Company, which was created in advance on Washington for embezzlement of the company funds of G, and in fact there was no fact that G acquired K’s shares from L.
As above, KRW 2.4 billion of the Company Fund of GIST deducted from Washington was arbitrarily used by the Defendant for the purpose of personal stock purchase funds.
Accordingly, in collusion with the above I and J, the defendant embezzled 2.4 billion won of the company's funds which he had been in custody for G.
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