beta
Text
Defendant
B A person shall be punished by imprisonment for three years.
Defendant
A shall be innocent.
Reasons
Punishment of the crime
Defendant
B is a person who was actually operating the said company from May 19, 2010 to August 2010 by taking over K Co., Ltd., a company listed on KOSDAQ established for the purpose of the development, manufacture, sale, etc. of electric IT products and related software (hereinafter “K”) on the ground of the J as a representative director in the form.
1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to the acquisition price of shares is known to the 11.5 billion won for the acquisition price of shares, and Defendant B conspired to borrow 11.5 billion won out of the acquisition price of shares to the 11.5 billion won for the corporate fund in a manner that, with the knowledge of the fact that A would sell the above company rapidly with L without capital, access to A to acquire the above company and pay 18.6 billion won with the acquisition price, but the agreement was made to prepare and pay part of the acquisition price through K’s capital increase with the capital increase with the subscription price of 13.5 billion won.
Defendant
B entered into a transfer agreement with A around February 2010, and A passed a resolution on March 26, 2010 to appoint N and J as a registration director at the regular shareholders' meeting of K as of March 26, 2010.
Accordingly, in order to ensure the success of the above capital increase consideration, Defendant B provided the share price by publicizing as if K promoted the electric vehicle business, and offered the capital increase consideration from K around April 16, 2010 to 13.5 billion won.
4.20.Before 20.B., 13.5 billion won paid for capital increase with K’s account;
5. 10. Upon entering into a contract for acquisition of shares and management rights with K to acquire 6.2 million shares (35% of shares) and management rights for shares owned by A, etc. at 18.6 billion won. On May 19, 2010, M was paid to K with 11.5 billion won deposited in the account under A’s name at the same time as a pledge.