특정경제범죄가중처벌등에관한법률위반(사기)등
1. Defendant A shall be punished by imprisonment with prison labor for two years, Defendant B and C; and
2.Provided, That this judgment has become final and conclusive.
Punishment of the crime
[Criminal Power] On June 13, 2013, Defendant A and B had been sentenced to three years of imprisonment in Seoul High Court, and Defendant B had been sentenced to three years of suspended execution in June 24, 2013, respectively, and the judgment became final and conclusive on October 24, 2013.
[Status of the Defendant] From October 9, 2001 to August 31, 2004, Defendant A served as a managing director of the P Bank (hereinafter “P Bank”), from September 1, 2004 to February 10, 2005, as a managing director, and from February 11, 2005 to January 14, 201.
Defendant
B served as a director or an audit committee member of the P Bank from February 17, 2003 to January 14, 2011.
Defendant
C from July 15, 2003 to August 18, 2008, as the Minister of Personnel Affairs of the P Bank, and from August 19, 2008 to January 14, 201, as the Secretary and the Director in Charge of Accounting.
[Specific Crime]
1. Fraud;
A. As of December 31, 2008, the Defendants subscribed to receive subordinated bonds subscription price by publicizing that the P Bank’s BISD standard (hereinafter “BISD ratio”) was approximately 4.65%, despite that it was about 4.65%, as of December 31, 2008.
Defendant
A and B decided on May 25, 2009 to issue a public offering of non-guaranteed preferential bonds of KRW 20 billion at the board of directors of the P Bank (hereinafter referred to as "first subordinated bonds").
Defendant
A and C prepared a registration statement on May 28, 2009, stating that the P Bank BISD ratio is 8.13% as of December 31, 2008, and submitted it to the Financial Services Commission, and the Financial Services Commission publicly announced the said registration statement to the electronic disclosure system.
Defendant
A and C prepared an investment prospectus on June 5, 2009, stating that BISD ratio is 8.13%, and submitted it to the Financial Services Commission, and the Financial Services Commission publicly announced the investment prospectus to the electronic publication system.
P Bank employees are in excess of 8% of the ratio of BISD as stated in the registration statement and the investment prospectus.