Defendant 1 and four others

The effect of prosecution, the remaining cases (public trial)

Law Firm Yang Hun, et al.

Defendant 1 shall be punished by a fine of KRW 150 million, by a fine of KRW 150 million, by a fine of KRW 150 million, by a fine of KRW 150 million, by a fine of KRW 200 million, and by a fine of KRW 80 million, respectively.

Where Defendant 1 fails to pay the above fine, the above defendant shall be confined in a workhouse for the period converted into one day, and where defendant 2 fails to pay the above fine, the above defendant shall be confined in a workhouse for the period converted into one day.

Defendant 2 is a corporation established for the purpose of manufacturing, selling, and exporting and selling feed additives in Gangnam-gu Seoul Metropolitan Government ( Address 1 omitted), and Defendant 4 is a corporation established for the purpose of manufacturing and selling feed agricultural products in Gangnam-gu ( Address 2 omitted), and Defendant 5 is a corporation established for the purpose of manufacturing and selling feed products in Gangnam-gu, Incheon. Defendant 5 is a corporation established for the purpose of selling feed manufactured and selling feed products with three stories in Gangnam-gu, Seoul ( Address 1 omitted).

1. Joint criminal conduct by Defendants 2 and 1

Where it is intended to trade capital on the accrual, alteration or extinction of claims pursuant to a monetary lending contract between residents and non-residents, it shall be permitted by the Minister of Strategy and Finance or reported to the Minister of Strategy

Defendant 2: (a) through Defendant 1’s good offices, Defendant 3 Co., Ltd. (hereinafter “Defendant 3”) conspiredd to borrow foreign currency funds by importing goods from Nonindicted Co. 1 in the U.S. working for Nonindicted Co. 3; and (b) pretending to export phishing Nonindicted Co. 2, the subsidiaries of Nonindicted Co. 1, as if they were the subsidiaries of Nonindicted Co. 3.

Defendant 1 received false sales contract and seal, etc. necessary for the issuance of the import letter of credit and the settlement of export price from Nonindicted 3 and delivered them to Defendant 2. Defendant 2, on the basis of the above documents on December 18, 2008, opened a import letter of credit with a maturity of USD 5,000,000 in the name of Defendant 4 Co., Ltd. with a maturity of 180 days under the name of Defendant 4 Co., Ltd., and Nonindicted 3, along with the above letter of credit, presented to the bank of Nonindicted Co. 1 of the United States, to the bank located in the United States, the false shipping documents, such as the bill of lading, which had already been completed, were produced USD 4,829,407, an amount obtained by deducting interest, profit, etc.

On December 24, 2008, Defendant 2 pretended to receive export proceeds from Nonindicted Co. 2, 2008, and borrowed an amount equivalent to USD 4,829,407 ($ 6,440,980,343) of the funds raised by Defendant 4 from Nonindicted Co. 1 in the above manner from that time to March 25, 2011, and borrowed an amount equivalent to USD 87,39,276 ($ 108,76,437,966) in total in three companies, including Defendant 4, etc., in the same manner as indicated in the list of crimes in the attached list of crimes, from that time to March 25, 2011.

Accordingly, Defendants conspired to trade capital without obtaining permission from the Minister of Strategy and Finance or filing a report with the Minister of Strategy and Finance.

2. Defendant 3 Company

On January 29, 2009, Defendant 2, an employee of the Defendant, borrowed US$ 4,834,633 (Korean Won 6,686,780,529) by pretending to engage in relay trade as above in connection with the Defendant’s business, and committed an act of violating the Foreign Exchange Transactions Act by borrowing US$ 19,485,301 (Korean US$ 23,715,504,436) in four times from that time until January 27, 2011, as described in [Attachment] 3,8,14, and 17, as shown in [Attachment] No. 3,85,301 (Korean Won 23,715,504,436).

3. Defendant 4 corporation

On December 24, 2008, Defendant 2, an employee of the Defendant, borrowed an amount equivalent to US$ 4,829,407 (Korean Won 6,440,980,343) by pretending to engage in relay trade as above in connection with the Defendant’s business, and thereafter, Defendant borrowed from March 25, 201 an amount equivalent to US$ 43,594,882 (Korean Won 54,487,302,750) equivalent to US$ 1,25,200 up to March 25, 2011.

4. Defendant 5 Company

On February 27, 2009, the Defendant borrowed USD 4,832,912 (Korean Won 7,328,627,999) by pretending to engage in relay trade as above in connection with the Defendant’s business, and thereafter borrowed USD 4,832,912 (Korean Won 7,328,627,99) from that time until January 10, 201, the Defendant committed an act in violation of the Foreign Exchange Transactions Act by borrowing an amount of USD 24,319,093 (Korean Won 30,573,630,781) in total five times as shown in [Attachment] Nos. 4, 7,99,10 and 15 until January 10, 2011.

1. Each legal statement of Defendant 2, Defendant 3, Defendant 4 and Defendant 5, and part of Defendant 1’s legal statement

1. Some statements made by the prosecutor in each protocol of interrogation of Defendants 1 and 2 of the prosecution;

1. Each prosecutor’s statement about Nonindicted 4 and Nonindicted 5

1. Each police statement on Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 9, Nonindicted 10, Nonindicted 11, and Nonindicted 12

1. Data input report and each report on illegal borrowing and related data (No. 5 through 677 pages of investigation records);

1. Data input report (the details of foreign exchange transactions related to the suspected details), the detailed statement of suspicion, and output of the details of foreign exchange transactions;

1. A copy of the e-mail output prescribed in subparagraph 1 of the voltage certificate, documents prescribed in subparagraph 3 of the voltage certificate (St-by L/C opening notice, etc.), documents prescribed in subparagraph 7 of the voltage certificate, documents prescribed in subparagraph 8 of the voltage certificate (Defendant 1 No. 1 set copy), documents prescribed in subparagraph 9 of the voltage certificate (7 copies such as bank payment guarantee, etc.), and a copy of the e-mail output prescribed in subparagraph 10 of the voltage certificate;

1. Details of the title of acquisition of brokerage commission;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant 1 and Defendant 2

1) Regarding [Attachment 1]-3: Article 27(1)10 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009), Article 18(2)2 of the former Foreign Exchange Transactions Act, Article 30 of the Criminal Act (attached Form 1-3) and the choice of each fine

2) Regarding [Attachment 4] Nos. 4 through 18: Article 29(1)6 and Article 18(1) of the Foreign Exchange Transactions Act; Article 30 of the Criminal Act; Selection of each fine

B. Defendant 3, Defendant 4, and Defendant 5

1) Attached Table 1 or 3: Articles 31, 27(1)10, and 18(2)2 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 209)

2) Attached Nos. 4 through 18: Article 31, Article 29(1)6, and Article 18(1) of the Foreign Exchange Transactions Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 1 and Defendant 2: Articles 70(1) and 69(2) of the Criminal Act

[Attachment]

Judges Immination