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Defendant
A shall be punished by imprisonment with prison labor for five years, and imprisonment with prison labor for three years.
Reasons
Punishment of the crime
Defendant
B On July 23, 2009, the Seoul Southern District Court sentenced 3 years of suspended execution to 5 years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) in Seoul Southern District Court, and decided on July 31, 2009.
1. Defendant A, a person who operated H for the purpose of solar batteries manufacturing business, with B and I, was a company registered on KOSDAQ along with B and I, to use a public bid or to provide financing by receiving investment from institutional investors after acquiring the J (hereinafter “victim Company”).
The defendant entered into a contract for transfer of the right of management with L, the largest shareholder of the victim company, to acquire 5 million shares of the victim company held by L, the majority shareholder of L, etc., in 20.75 million won, but it was difficult to prepare the acquisition fund.
The defendant, B, and I secured cash assets held by the victim company at the time, and received a loan from N, the representative director of M Co., Ltd. (hereinafter referred to as "M") and paid the acquisition fund.
The Defendant, B, and I prepared a contract by which the Defendant transferred KRW 5.1 billion of the shares of H 5.1 billion to the victim company for accounting management, and offered loans received from N to the victim company with the purchase price of KRW 5.10 million of the shares of H 5.1 billion of the shares of H 5.1, in order to pay this money again to L, etc. for acquisition price of management right of the victim company.
B and I, after having undergone several consultations with N, M employees who are M, subject to N instructions, B was appointed as the representative director of the victim company on March 20, 2008.
B On March 20, 2008, the Korean Exchange Bank's head office located in Jung-gu Seoul, Jung-gu has a duty to preserve the victim's company's property at its head office, but it violated the N's duty and has been deposited at the N's request. 16.5 billion won.