A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant (State) E (hereinafter “instant Company”) is a person working at F branch; “G Co., Ltd.” (hereinafter “G”) was operated as a non-issuance corporation of share certificates before the issuance of share certificates on June 2016; and “H undisclosed Association” (hereinafter “HE”) is an undisclosed association established by the instant company for the purpose of investing in G’s shares; the said undisclosed association is an undisclosed association established by the instant company for the purpose of investing in G’s shares; and the said undisclosed association is operated by the method of transferring members of the association, after deducting commissions, etc., upon dissolution of the association when the price of shares increases.

On May 1, 2015, the Defendant accepted the request from the victim J to “If the undisclosed association of this case is dissolved after acquiring the membership of the undisclosed association of this case in lieu of the name of the Defendant, after acquiring the membership of the undisclosed association of this case in the name of the Defendant, the Defendant received the shares of this case, and again transferred the shares to the principal.” On May 7, 2015, the Defendant was transferred KRW 57 million to the Defendant’s account as the price for taking over the membership status from the damaged person around May 7, 2015. At that time, the Defendant was transferred the amount of KRW 57 million to the Defendant’s account.

K paid the transfer amount received from the damaged person, and received the status of the union member of this case.

Around December 31, 2015, the Defendant received transfer of shares of G 3,694 shares in the name of the Defendant following the dissolution of the instant anonymous association. At that time, the Defendant expressed his/her intent to transfer the shares to the victim under a contract with the victim. In such cases, the Defendant, despite his/her duty to cooperate with the victim so that the victim may satisfy the requirements for counter-performance against the shares acquired by the victim by giving notice of transfer of shares in G, etc., he/she violates his/her duty, and transferred the shares of 1,00 shares of G to L around March 10, 2016, transferred the shares of 20,00 won per share to L on the same day, and gave notice of transfer of shares to G on the same day, and around March 14, 2016.