Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two-year period from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

B On October 11, 2013, the Seoul High Court sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on December 12, 2013.

Defendant

B is the representative director of G Co., Ltd. (hereinafter referred to as the “instant company”) located in the Republic of Korea in the Republic of Korea, and Defendant A is the creditor registration director of the said company.

1. On November 12, 2012, the Defendants filed a lawsuit claiming construction price against the instant company against which the Defendants had not received payment from the instant company, and concluded an adjustment that the instant company pays 1.2 billion won to H in the Cheongyang Branch of the District Court.

Defendant

B, from December 28, 2012 to December 28, 2012, if H does not pay off the debt of 1.2 billion won to H, H would undertake compulsory execution such as seizure of a claim for sales proceeds of spring water supplied by the instant company to I, the principal customer, and planned to avoid compulsory execution through the form of selling the spring water manufactured by the instant company through a separate corporation, through consultation with Defendant A, the registration director of the instant company.

Accordingly, on December 6, 2012, the Defendants conspired to establish the K corporation under the name of “K corporation” on the ground of the J, who is an employee of the instant company, as the representative director. By selling spring water manufactured by the said corporation in the name of the said corporation to I, who is the principal customer, the said corporation, the Defendants evaded compulsory execution by concealing the sales proceeds claim of the instant corporation equivalent to KRW 138,897,050 in total, as shown in attached Table 1.

2. Defendant B established “K Co., Ltd.” as described in the preceding paragraph and transferred spring water sales proceeds to the account of the said corporation to the account of the said corporation, and he was aware of this fact by the creditor, who was the creditor, during the course of concealing the sales proceeds claim of the said corporation, and between the instant company and the “K Co., Ltd.” on March 7, 2013.