beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who was the vice president of the Fund in the Dispute Resolution Co., Ltd. (hereinafter referred to as the “B”), and D, upon the Defendant’s solicitation, owns shares of KRW 118,577 (hereinafter referred to as “instant shares”) in B around December 26, 2014. The Defendant worked as the president of the Fund in the Dispute Resolution Co., Ltd. (hereinafter referred to as the “E”) before January 22, 2015, filed a complaint from E on suspicion of embezzlement of company funds (hereinafter referred to as “E”), and the Defendant promised to repay the debt amounting to KRW 584,40,000 to E, to offer the instant shares as collateral for the debt amounting to KRW 118,577,50,00,00, and sold the instant shares to E with the intent to exercise the right to purchase and sell the shares in the Agreement for the purpose of 403,160,000,000.
1. On February 26, 2015, the Defendant drafted a share sale contract for the instant stocks owned by E representative director H and D at the office of “Law Firm G” located in Gangnam-gu Seoul, Seoul, without D’s consent, and under the title “share purchase and sale contract”, the seller and the buyer agree and conclude a contract for the sale and purchase of common stocks issued by the KOSDAQ-listed company B for the sale and purchase of common stocks.
“.” The column for sale is written as “18,577 common shares issued by the subject company,” “403,161,800 won per share of the purchase price column,” “3,400 won per share of 403,161,800 won” in the column for the payment method of the purchase price, and the amount equivalent to the shortage shall be transferred to the purchaser at the above amount if the agreement between the Dispute Resolution Co., Ltd. and A, prepared on February 26, 2015, is not complied with.
“.” The seller’s name entered “D” and “E Co., Ltd.” in the buyer’s column, and thereafter was held by D under any other name from D before that date.
D’s seal impression is affixed to D’s seal imprint, and one copy of the said share transaction agreement (hereinafter “the instant transaction agreement”) is forged in the same place.