A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On August 21, 2008, the Defendant was sentenced to a suspended sentence of two years and six months in the Seoul Central District Court on July 23, 2009 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the above judgment was finalized on July 23, 2009. On July 12, 2012, the Seoul High Court sentenced the suspended sentence of three years in the imprisonment of two years and six months and became final and conclusive on March 27, 2014.

While the Defendant was working as an attorney-at-law in charge of the merger of companies listed on KOSDAQ, the Defendant acquired (M), along with the director L of (hereinafter “K”), who is a corporation listed on KOSDAQ (hereinafter “M”), acquired K, a corporation listed on KOSDAQ (hereinafter “M”), supported M by M’s M’s share price, and tried to realize the profits from the share price through sale of M’s shares.

Meanwhile, the Defendant: (a) decided to borrow convertible bonds of an amount equivalent to KRW 5.1 billion and KRW 3 billion from P and Q to sell 5.1 billion shares in the form of a block with 4,100 won per share of KRW 5.1 billion below the market price; and (b) decided to offer purchase price of KRW 5.1 billion and KRW 2.5 billion for purchasing convertible bonds of an amount equivalent to KRW 3.3 billion from the above 5.1 billion shares in order to obtain KRW 3.3 billion from P and Q to acquire shares in the name of the largest shareholder, with the knowledge that it would be difficult for the Defendant to cover the funds available for raising KRW 1.3 billion and KRW 1.3 billion from the above 5.1 billion shares; (c) however, it was difficult for the Defendant to purchase shares in his name to obtain KRW 1.3 billion and KRW 2.5 billion from P and M to acquire shares in the name of the victim.