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The judgment below
The part of the defendant A and B (including the part not guilty for reasons) shall be reversed.
Defendant
A Decision 1, 3, 3.
Reasons
1. Of the facts charged against Defendant A and B, the lower court determined as follows: (a) on four occasions as indicated in paragraph 1 of the facts constituting the crime in the judgment below, the non-affiliated private M Co., Ltd. (hereinafter referred to as “M”) from the bond company in the same manner as indicated in paragraph 1 of the facts constituting the crime in the judgment below, i.e., the Nos. 1-2 and 2 through 5 of the List
In the case of a corporation in the future, only when it is first referred to as "the corporation") and N corporation changed its trade name to O after the merger with the O corporation on April 29, 2011, and hereinafter referred to as "O" in this case, when it is referred to as "O" in relation to the business related to Tan vehicle according to its main business, and "N" other than those.
O Co., Ltd., P Co., Ltd. and P Co., Ltd. (hereinafter all the above companies referred to as "non-standing affiliates") borrowed funds in the name of the above companies, and the names registered on the certified copy of the corporate registry of J Co., Ltd., J Co., Ltd. and K Co., Ltd. are “S” or “K” for convenience.
(1) The lower court held that: (a) three listed companies are “L listing 3 companies”; (b) three listed companies are “L listing 3 companies”; (c) acquisition of stocks by participating in the increase of paid capital, etc. of L listing 3 companies and non-listed affiliates; and (d) acquisition of unfair profits by selling them; (b) violation of the Financial Investment Services and Capital Markets Act (hereinafter “Financial Investment Services and Capital Markets Act”); and (c) management of L listing 3 companies’ paid increase of capital, etc. by means of the same manner as indicated in paragraph (3) of the crime committed in the lower judgment; and (d) transfer of KRW 1.25,98 million to a R account more than three times as listed in the attached Table 2 of the crime committed in the lower judgment; (c) embezzlement of KRW 30,000,000 as listed in the attached Table 4 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); and (d) use the listed three companies’ paid capital for business purposes in the same manner as listed in the lower judgment.