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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a representative director of E Co., Ltd. (hereinafter “E”), a corporation listed on KOSDAQ, from September 16, 2008 to January 7, 2010, and a person who served as the representative director of F Co., Ltd. (hereinafter “F”) from June 10, 209 to June 10, 209.
On April 13, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Seoul Central District Court on April 13, 2012 and the said judgment became final and conclusive on April 11, 2013.
2. No one shall use any unfair trading means, scheme, or trick in connection with the trading or other transaction of financial investment instruments (including public offering, private placement, and public sale of securities), and shall use any false description or representation of a material fact or any document or any other description or representation of a material fact necessary for preventing others from being misled, in order to obtain money or other economic benefits;
The Defendant, around April 2009, at E’s office located in Gangnam-gu Seoul Metropolitan Government G Building, success in the shareholder’s capital increase for E’s financing, is obvious that E’s “J” as stated in the indictment is a clerical error.
The fact that a joint and several surety (hereinafter referred to as "joint and several surety of this case") was made for the debt of a promissory note of KRW 6.3 billion (hereinafter referred to as "the Promissory note of this case") issued with respect to the face value issued to I (hereinafter referred to as "I"), and that there was the largest shareholder.
K’s 4,104,315 shares of E are traded against the third party until June 2008, and K is no longer the largest shareholder of E, and E is concealed from May 12, 2009, around May 19, 2009, around May 19, and around May 25, 2009, the third party allocation capital for shares issued by each third party (hereinafter collectively collectively referred to as “the third party allocation capital of each of the instant shares”) in its name 6,105,140 shares acquired L, M, N, P, Q, R, S, and T (hereinafter referred to as “nine persons, including L, etc.”).