A defendant shall be punished by imprisonment for not more than ten months.

150,000,000 won shall be additionally collected from the defendant.

Punishment of the crime

[Majority Opinion] On October 8, 2015, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Economic Crimes and the judgment became final and conclusive on July 27, 2016.

[2] The Defendant is a person who was a representative director from August 2009 to August 2013 at F Co., Ltd. established for the purpose of producing and selling mineral resources (hereinafter “F”).

In accordance with the statutes and the F articles of incorporation, the Defendant had a duty to faithfully perform his duties on behalf of the said company, and to enter into a contract with a trader fairly and faithfully.

On January 20, 201, F entered into a contract with G Co., Ltd. (hereinafter referred to as “G”), under which F would import from Indonesia about approximately 60,000 tons of flexible coal from G to supply them to USD 4,431,00.

Then, around March 201, G entered into a contract with the South East East East Power Development Co., Ltd. (hereinafter “ South East East Power”) to supply the said coal to USD 4,521,000 for South East East Power Development.

On the other hand, at around March, 201, the Defendant: (a) demanded that “F does not directly supply smoke to the South East East Power Generation, etc.; and (b) supply smoke to G continuously so that G may supply smoke gas to the South East East Power Generation, etc.”; (c) demanded that “G may easily create profits by receiving smoke gas from F and supply it to the South East East Power Generation”; and (d) that G would receive 20 cent cent of the amount per ton of smoke gas that is supplied by F.

From around May 201, F imported 62,754 tons of smoke from Indonesia to supply it to G, and G supplied it to South East power generation.

However, the remaining East power generation is in G around June 29, 201 on the ground that the said coal is less than the quality standard.