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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
To the extent that it does not impede the exercise of the defendant's right to defense, the facts charged shall be revised and recognized.
[Status of the Defendant: (a) from July 2009 to July 2009, the Defendant served as a director of D Co., Ltd. (hereinafter “Co., Ltd.”); (b) non-registration planning director; and (c) FF representative director of E Co., Ltd.
Since August 9, 2010, E acquired G, a corporation of G and its subsidiaries, held office as the representative director of H (hereinafter collectively referred to as “H”) of G and its subsidiaries.
【Criminal Facts】
1. The Defendant, along with J, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to G, had the victim G used to repay the bonds raised when acquiring G by reducing the funds held by the victim G.
The Defendant, in collusion with J, etc. on August 9, 2010, embezzled a total of KRW 4.6 billion by arbitrarily using the total amount of KRW 4.6 billion, from August 18, 2010 until August 18, 2010, after treating the funds of KRW 2.6 billion from the victim G to L corporation without going through a resolution for internal expenditure of the company, as if it were leased to L corporation without going through a resolution for internal expenditure of the company.
2. The Defendant, along with J, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to H-related Specific Economic Crimes (Embezzlement) with a view to using the proceeds of selling the victim H-owned M stocks to repay the bonds raised when acquiring G.
The Defendant, in collusion with J et al. on August 12, 2010, at G office located in K, in order to keep 3.5 billion won of the purchase price of H M stocks in the account in the name of one bank (Account Number: N) under the name of the victim H in the course of business, and used it as if it were leased to P Co., Ltd. without undergoing a resolution for internal expenditure of the company, and thereafter used it for repayment of bonds unrelated to the company.