A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On June 14, 2012, the Defendant was sentenced to a four-year punishment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the same year.

9. 13. The judgment became final and conclusive.

【Criminal Facts】

[2012 Gohap213] Around November 24, 2009, the Defendant, a representative director of the victimized Company (State) E, was transferred from F, a major shareholder of the said Company, from G, the mother of F, and was in fact managed. From November 26, 2009 to February 23, 2010, the Defendant was in office as the representative director of the said E-E from November 26, 2009.

1. Around November 24, 2009, the Defendant was in fact managed by the representative director and the majority shareholder of the victimized company after being transferred the corporate seal of the said company. As such, there was an occupational duty that should not inflict property damage on the said company when managing and using the said corporate seal.

Nevertheless, on November 23, 2009, the Defendant, in violation of the above duties, purchased 22,500 shares equivalent to 45 billion won of the above company's interest from the I individually at the (State EE Office located at H on November 23, 2009, and incurred damages equivalent to the same amount as the damage company, in order to secure the payment of 2 billion won of the above sales balance, after arbitrarily issuing one promissory note with the issuer A, the Company E, the due date of November 24, 2009, the due date of payment, the “2010.1.23,” and the face value of which is the “2 billion won,” together with a notarial deed stating the purport of accepting compulsory execution.

2. Since the Defendant served as the representative director of the victimized company from November 26, 2009 to February 23, 2010, the Defendant had a duty to manage, execute, and operate funds as the representative director in good faith and to prevent property damage to the said company.

Nevertheless, the Defendant violated the above duties, and even around February 2, 2010, from the J to repay the remaining trading amount of KRW 2 billion under the above Paragraph 1.