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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
1. From July 30, 2007 to July 18, 2008, the Defendant was working as the representative director of D Co., Ltd. (hereinafter “D”) who is a KOSDAQ-listed corporation.
A KOSDAQ-listed corporation shall prepare the financial statements in accordance with the accounting standards with respect to the business report and quarterly report to be submitted to the Financial Supervisory Commission and the Exchange. <2) The financial statements shall fairly indicate the financial status, business performance, earned surplus, cash flow, and capital change of the company in accordance with the accounting standards, reflecting the economic facts and the substance of transactions, and shall include information on the guarantee act, etc. such as the offering of collateral in the proposal. <3> The financial statements shall be prepared in accordance with the accounting standards for the company's business report and quarterly report, and shall not intentionally omit or indicate
Nevertheless, the Defendant submitted to the Financial Supervisory Commission a revised business report on May 8, 2008 (based on the end of 2007, January 1, 2007, and December 31, 2007) and a quarterly report of May 15, 2008 (based on the end of March 2008, January 1, 2008, and March 31, 208) in the first quarter of May 14 (based on the end of March 2008, and March 31, 2008). The Defendant intentionally omitted important matters by intentionally preparing false financial statements in violation of the accounting standards as follows:
Although the Defendant entered into a contract on August 9, 2007 to acquire 58,286 shares (51 per share ratio) of 3.7 billion won (6.480 billion won per share) with Esteex Co., Ltd. and Esteex Co., Ltd. and paid a promissory note amounting to 2.96 billion won as security for payment, the Defendant did not enter the said notarized fact in the statement of financial statements from the end of the 13th to the 14th quarter.
B. The Defendant borrowed KRW 600 million and KRW 200 million respectively from E on March 3, 2008 and March 7, 2008, respectively, as collateral, and own shares of KRW 820,000 and KRW 200,000.