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Defendants shall be punished by imprisonment for six months.
However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant
A was working as a representative director from March 8, 2016 to November 23, 2016, while Defendant C was working as a joint representative director or representative director from April 2014 to November 2016 from April 30, 2014 to March 7, 2016; Defendant B was working as the representative director from March 8, 2016 to July 24, 2016; Defendant B was working as the representative director from April 25, 2016 to November 23, 2016.
Defendant
C and Defendant B agreed to enter Defendant A as the representative director of the instant company around December 2015 and to acquire 8% of the shares of the instant company in return for the entry of Defendant B as the representative director of the instant company.
However, even though there was no fact that Defendant A paid the actual amount of the capital increase for consideration due to the issuance of new stocks, the fact of the acquisition method is the same as the payment for the capital increase of KRW 500 million in the relevant business entity, and then, Defendant A conspired to pretend that Defendant A actually paid the actual amount of the capital increase by depositing the funds owned by the instant company into the account in the name of the instant business entity using the name of Defendant A.
On December 30, 2015, the Defendants, at the office of the instant company around 17:24, remitted the amount of KRW 500 million owned by the instant company to the account of the Korean bank account of the instant company I, as if they paid the relevant transaction amount. On the same day, around 17:29, the Defendants, at around 17:5, transferred the amount of KRW 500 million to the national bank account in the name of J, and again, had the saidJ transfer the amount of KRW 500 million owned by the instant company to the corporate bank account in the name of the Defendant A, and the Defendant A transferred the amount of KRW 500 million to the corporate bank account in the name of the Defendant at around 17:40 on the same day.