beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who operates a loan brokerage company called D.
1. Violation of the Commercial Act (main facts charged) E is the representative director of F Co., Ltd. (hereinafter “F”) and G Co., Ltd. (hereinafter “G”) (hereinafter “G”), and on November 25, 2010, H decided to transfer the management right of G’s 1,636,126 shares and G’s 1,636 shares of registered ordinary stocks owned by F to H in KRW 6 billion.
E, upon entering into the above acquisition agreement, refers to the right to buy or sell the shares of a specific stock company at a predetermined time, which can exercise 10,470,000 common shares issued by G. He agreed to transfer the shares of a specific stock company to a person designated by H, and immediately withdraw the amount paid by exercising the preemptive right from a cashier’s check to a law firm by withdrawing it from the cashier’s check.
However, H, from the beginning, prepared 12.5 billion won for the exercise of preemptive rights by borrowing money from the Defendant from the Defendant, and offered to the Defendant a cashier’s check amounting to the above amount from G account, and the Defendant knew that it would have been used to pretend the payment of KRW 12.5 billion, but the Defendant also lent KRW 12.5 billion to H. while having known that it would have been used to pretend the payment of KRW 12.5 billion. In the process of concluding a contract to transfer management rights to Edo H, even though having known such fact, he additionally received KRW 1.65 billion, such as management rights premium, etc., and conspired to accept the amount of KRW 12.5 billion for an investor I’s credit early repayment of KRW 2.6 billion, such as preparing minutes of the board of directors so that G’s creditor may not be seized.
On November 25, 2010, the Defendant, in collusion with E, H, etc., lent KRW 12.5 billion to H by remitting it to the falling point account in the Jongno-gu Seoul Metropolitan Government SC Japan-dong 251, and the Defendant transferred it to H by means of remitting it to the falling point account in the name of G.