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Defendants shall be punished by imprisonment for one year.
However, as to the Defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 30, 2008, Defendant A was sentenced to two years of imprisonment with prison labor for a crime of evading compulsory execution at the Seoul Central District Court, and the judgment was finalized on June 11, 2009. On July 11, 201, Defendant A was sentenced to two years of suspended sentence of one year of imprisonment with prison labor for a violation of the Commercial Act at the Seoul East East District Court, and the judgment became final and conclusive on July 19, 201.
Defendant
B On September 7, 2010, the Seoul Southern District Court sentenced two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Southern District Court on September 15, 2010 and its judgment was finalized on September 15, 2010, and on December 24, 2010, the Seoul East District Court sentenced two years of suspended execution for a period of ten months of imprisonment with prison labor for a violation of the Commercial Act.
[Status and Basic Facts of the Defendant] A changed the name of G (State), which is a KOSDAQ-listed company (hereinafter “G”), around November 2009, and delistinged around April 2010. Defendant A took over management rights of G from the victim H (1,306,546 shares (11.61%) and the company’s overall duties by taking over management rights from the victim H on March 30, 2009. Defendant B was appointed as the manager of G on February 26, 2009 and was appointed as the representative director of G on March 30, 2010 and was in charge of the company’s overall duties.
[Embezzlements of KRW 330 million related to capital increase by issuing new shares as of April 14, 2009] The Defendants borrowed KRW 300 million from Defendant B’s house as security to raise KRW 200 million out of the funds for acquiring the right of management from H around the end of January 2009.
The Defendants issued bonds with warrants on April 14, 2009 and deposited in the Japanese bank account in the name of the victim G (K; hereinafter “K account”) on the same day, and deposited in the entire amount of KRW 90 million on the same day, and then, the Defendants are deemed to be “M account” and “L account” in the name of the company bank account M (hereinafter “L”) in the name of the victim G.