A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a shareholder who has held 10,00 shares of C(N) Co., Ltd., a security software development company located in Seodaemun-gu Seoul Metropolitan Government 605, and held office as a director of the above company.

Around January 2, 2014, the Defendant entered into a share transfer agreement with the victim G to sell 100 million won of the shares of the said company held by the victim G and the Defendant at the “F coffee shop” located in Jongno-gu Seoul E building, Jongno-gu, Seoul, and received a transfer of KRW 10 million from the victim on the same day, so the said shares shall not be disposed of to a third party without permission, and there was a duty to enable the victim to transfer the said shares to a third party.

Nevertheless, on May 1, 2014, the Defendant violated the above duties and transferred 10,000 shares of the above shares to H in order to repay its existing obligations, thereby having H gain pecuniary profits equivalent to 10,000 shares of the above shares, and caused damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of written confirmation of stockholders' list D and Acts and subordinate statutes concerning stock transfer and takeover contracts;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

2. Article 62 (1) of the Criminal Act ( considered as follows):

3. The reason for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Article 62-2 of the Framework Field 1 (less than KRW 100,00) [No person who has been specially punished] [decision of sentence] / there is no person who has been punished, and no person has been punished. Although there are unfavorable circumstances such as the victim's failure to recover damage, the execution of imprisonment shall be suspended only once taking into account the following: (a) the defendant is in profoundly against mistake; (b) the criminal records of a fine are only one time; and (c) the recovery of damage is being performed; and (d) probation is ordered and special matters are imposed.