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Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
Reasons
Punishment of the crime
around January 209, the Defendants stated in the instant indictment that the Defendants acquired 30,000 shares of H from G to 300,000 shares owned by H (hereinafter referred to as “H”) and management rights of H (hereinafter referred to as “H”) from G, but it is clear that the Defendants acquired 300,000 shares of H from G. However, it is apparent that the record is a clerical error of 300,000 weeks. The Defendants acquired H’s management rights by acquiring h and taken office as a director around February 5, 20
Furthermore, from April 15, 2009 to April 29 of the same month, Defendant B served as the representative director of H, and Defendant A served as the representative director of H from April 29, 2009.
1. On February 13, 2009, Defendants in violation of the Commercial Act offered H’s KRW 29 billion to a shareholder allocation method, and asked K, a bond company, which became aware of the forfeited stocks through I’s introduction, to lend the forfeited stocks to K in order to acquire the forfeited stocks by a third party allocation method. K agreed to lend capital increase on the following day of the capital increase to the Defendants on the condition that the CD (certificate of deposit) was returned.
Accordingly, around March 31, 2009, the Defendants offered capital increase of KRW 29 billion to H from 29 billion to 58 billion, and upon the occurrence of about KRW 45.25 billion to 22.6 billion to the above K through the above I, on April 6, 2008 to acquire the said K’s capital increase of KRW 9 billion to H account by requesting K to lend the capital increase of KRW 4.5 billion to the above K through the above I, and the Defendants deposited KRW 9 billion to H account by pretending its capital at the above I’s bankruptcy branch. The Defendants issued the K’s capital increase of KRW 24.95 billion to H through H to the Korean bank’s bankruptcy branch. On April 7, 2009, the Defendants withdrawn the capital increase of KRW 12.5 billion including the above KRW 9 billion from the capital increase of KRW 9 billion to the CD and returned it to H around that time.
Accordingly, the Defendants pretended to pay 9 billion won of H's share capital in collusion with K.
2. The Defendants’ false entry into public electronic records, etc., and false entry into public electronic records, etc., shall be around April 6, 2009.