Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, the same shall apply.

Punishment of the crime

Defendant

A as the representative director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) established for the purpose of transmitting network services, etc. in Chungcheongnam-gun, Chungcheong-gun C, a person in charge of overall business of the above company, and Defendant B is a person in charge of accounting and fund management in the victim Co., Ltd. with his/her father.

On February 9, 2012, the shareholder E and F of the victim company filed a lawsuit for the cancellation of the resolution of a temporary general meeting of shareholders of the victim company on January 16, 2012 with the Youngju District Court of Young-dong, which dismissed the above E and F from the director. The lawsuit was concluded on May 24, 2013 while the appeal is pending.

Paragraph 2 of the above conciliation provision guarantees the management right of Defendant A until December 31, 2018; Defendant A and Victim A guarantee the status of F as a director during the period of guarantee of management rights and the status of E as an auditor; however, F and E are not paid as executive officers; and Paragraph 3 of the same Article states that “A victim company shall pay 48,000,000 won each to the above E and F until June 30, 2013; and each payment shall be made in 3,00,000 won each month from July 1, 2013 to the expiration of the period of guarantee of management rights (if an amount equivalent to 25% of annual income of the victim company exceeds 36,00,000,000 won, additional payment shall be made without delay).”

The defendants set a management guarantee period for the victim company of the defendant A in accordance with the above mediation decision, and the victim company has a duty to pay 3 million won per month to the above F and E, and the victim company arbitrarily interpreted the above amount as a profit dividend, and at the same time when the victim company pays the above amount to the above F and E, it pays the amount equivalent to the share ratio to other shareholders, including the defendants, and collects the amount payable to the victim company of the defendant A.