A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

The Defendant is a person who was operated as a representative director from January 31, 2008 to January 15, 2015, as a shareholder of F, the interest shareholder of E (hereinafter referred to as “E”) in Kimhae-si.

The Defendant became aware of the Victim G around August 2014, and received investment in the Company Operation Fund from the victimized party from around that time. On October 2014, the former representative director was unable to grant additional bank loans under the name of E due to the decline in credit rating, and it was faced with a situation where it is difficult to resolve the existing debt of the company.

On January 14, 2015, the Defendant and F transferred 88,000 shares of E owned by Defendant and F (the entire shares of Defendant-owned 96,000 shares and 56,00 shares of F owned 32,00 shares and 56,00 shares of E owned by Defendant-owned 96,00 shares, which correspond to 55% of the total shares issued 160,000 shares) to the victim and the victim actively cooperate with the victim to exercise management rights.

“A contract for transfer of shares was entered into for transfer of shares.”

The victim owned shares 88,000 shares of E on January 14, 2015 according to the above contract, and held office as a director and a representative director of E on January 16, 2015.

However, after the victim takes office as representative director, the defendant seems to have restricted the participation of the victim in the management of E at a level exceeding the expected level, and had used the situation in which the letter of change of name under the above contract was not implemented, to dismiss the victim from the representative director and exclude him from the management of E even through illegal means, and to find the management right of E by taking office as representative director.

1. Preparation of private documents for qualification solicitation;

A. The Defendant prepared a copy of a provisional general meeting of shareholders on April 6, 2015, to be used by the certified judicial scrivener I in the office of a certified judicial scrivener I located in Kimhae-si H on April 6, 2015 in applying for registration of change of E’s officer.