A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Gohap 309] [Reference Facts] G is a person who actually operates H while serving as a manager at the interest present of the former representative director of H Co., Ltd. (hereinafter “H”); I is a representative director of J Co., Ltd. (hereinafter “J”); and the Defendant is a person who acts as a broker for G and I.

G was faced with the designated issues of management, such as KRW 3.2 billion of net loss in the year 2007, KRW 35.7 billion of net loss in the year 2008, and KRW 35.7 billion of net loss in the year 2008, and H had a mind to implement a capital increase for a third party on the pretext of raising a corporate acquisition fund.

[Criminal facts]

1. No person who violates the Financial Investment Services and Capital Markets Act shall use an unfair means, scheme, or trick in connection with trading or any other transaction of financial investment instruments;

G around February 2009, the defendant "it is necessary to conduct the capital increase for a third party's allocation based on the best payment, and the company and bond company to participate in the capital increase. In return, the G will give part of the new shares issued with the above capital increase.

Around March 2009, upon the introduction of the defendant, I and only I who is the representative director of the JJ with the introduction of the defendant in order to cooperate with H in conducting capital increase for a third party in the amount of about 15 billion won in the amount of 15 billion won in the name of raising funds to take over J. Since it is the most payment method, it is not possible to pay increased capital in return for acceptance.

“The request was made”.

The Defendant, along with G and I, opened an account for 28 subscription payments under the name of the following in conducting the “the capital increase for a third party for raising J acceptance funds,” and on April 30, 2009, paid the subscription amount of KRW 14,99,99,820 borrowed from the bond company at the branch of Seocho-gu Busan Busan Bank, Seocho-gu, Seoul and issued new shares by paying the subscription amount of KRW 12,000,079,000 out of the paid-in capital increase, which is the shareholder of J, and then transferred KRW 12,00,079,000 among the paid-in capital increase.