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A defendant shall be punished by imprisonment for four years.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
D is the largest shareholder of the victim C Co., Ltd. and the actual operator. On August 8, 2013, the victim F Co., Ltd. (hereinafter referred to as “E”) delivered 8,928,982 shares of E Co., Ltd. (hereinafter referred to as “E”) and requested F to provide financing of KRW 5 billion as security. At around 13:00 on the same day, F delivered the above purport to I who is a director in charge of financial affairs at H hotel located in Yeongdeungpo-gu Seoul Metropolitan Government, and delivered 8,928,982 shares as security for loans of KRW 5 billion.
On August 8, 2013, the Defendant received 8,928,982 shares from K office operated by the Defendant in Jongno-gu Seoul Jongno-gu, Seoul, as a collateral for the borrowed amount of KRW 5 billion, and provided 4,310,00 shares out of 8,928,982 shares as collateral.
At around 19:00 on the same day, the Defendant explained to the effect that he could not borrow the total amount of KRW 5 billion originally borrowed from L to F and I at M restaurant located in Gangnam-gu Seoul, and that he could not borrow the total amount of KRW 2 billion borrowed from L as above, and returned shares of KRW 4,618,982 (hereinafter “instant shares”).
Since then, the Defendant: (a) provided F, I, and meal at the above restaurant; (b) left the first place with the loan of KRW 2 billion; and (c) held the shares of this case, the Defendant received 4,618,982 shares of this case for the victim and kept them for the victim after having given her a confluent term to “I shall receive additional KRW 1 billion per day, and then receive more than KRW 2 billion, but he shall hold shares, and he shall hold the shares and hold them once again; and (d) as a security for KRW 3 billion to obtain additional loans from I after having given her a confluent term to do so.
In this regard, on August 12, 2013, the Defendant delivered the content that the lending of funds is revoked from the victim’s side, and received a request from the victim to return shares on the 19th of the same month, and thus, the Defendant received a request from the victim to return shares.