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Defendants shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
Defendant
A is the actual operator of K and K, a company of I's own selling company, and the defendant B is the representative director of L(M after alteration) who is a corporation, and the transferee is a person who takes advantage of the profits through the acquisition of the company through capital M&A, such as an acquisition of the transferee company by offering the acquiring company as security or acquiring the transferee company as a debtor.
Defendant
B Upon delisting with N, P&A acquired the part of the J shares of Defendant A, while finding a new acquiring company, the Defendants were willing to take over the part of the shares of Defendant A, and the Defendants were willing to take over the funds borrowed from a third party of J’s operating funds and its own production funds.
Defendant
B With the knowledge that the victim P&D Co., Ltd. was trying to purchase the shares of Q Co., Ltd. which are listed in the KOSDAQ while seeking the price for acquiring shares, and that there was a refund amount, around November 6, 2009, there is no problem for the victim to receive the payment even if he borrowed money from the L Co., Ltd. in the L Co., Ltd. operated by Defendant B in Gangnam-gu Seoul, because it is a company selling I’s interest through home shopping, etc., and it is sufficient to make profits and there is a good prospect. The L Co., Ltd. operated by the L Co., Ltd. and A shall be in the same business relationship, and the amount of KRW 200 million will be paid 8% per month and KRW 50 million per month for KRW 200 million per month. Defendant A prepared a letter of commitment in the name of J Co., Ltd. and issued it to the victim
However, in fact, Defendant B did not have any particular property in the state of delisting by the company previously acquired, and Defendant A also paid interest as agreed upon even if she borrowed money from the victim because it was in short of business funds, such as that JJ bears a debt of 500 million won or more at the time.