A defendant shall be punished by imprisonment for five years.

On September 21, 2005, the Defendant had been sentenced to imprisonment with prison labor and four years for fraud, etc. at Suwon District Court on September 21, 2005, and completed the execution of the above punishment on August 10, 2006.

Punishment of the crime

1. Embezzlement and fraud of victims D;

A. On August 8, 2008, the Defendant issued the victim D’s KRW 300 million convertible bonds of KRW 300,000 to B, “I will sell them to B, after converting the convertible bonds of KRW 300,00,000 to the shares of Company E (hereinafter “E”) which had the President,” and transferred the above 300,000 won convertible bonds from the victim of the business to three accounts, such as F, etc. who had been an employee of the Defendant, and around September 8 through 9, 2008, the Defendant transferred the victim’s shares to the victim at around September 8, 2008, stating that “I would be able to see that I will be able to look at the Defendant’s 3 accounts, such as the Defendant’s Hyundai Securities Account (G) etc. with which I had the President well known.” The Defendant transferred the shares from the victim of the business to the above 480,000,00 won shares.

On October 2008, the Defendant disposed of the amount equivalent to KRW 48,00,00,000 in total of the above convertible bonds and the above stocks to a person who was named as a bonds company in the middle and the second police officer, and embezzled by voluntarily paying to the F, etc., who invested in the Defendant, while keeping the money for the victim.

B. On October 7, 2008, the Defendant: (a) called, “I am to receive money from the victim in Seoul, who is an investment expert in B, and who will not know about the people who are fluent with good faith; and (b) I have transferred KRW 42 million from the victim to the new bank account (H) in the name of the Defendant for the same day as the capital investment deposit; and (c) on October 21, 2008, the Defendant was transferred from the victim to the new bank account in the name of the Defendant on the same day under the name of the Defendant; and (d) on October 21, 2008, the victim was a KOSDAQ-registered company called “FSA Co., Ltd.,” and the company’s share price of KRW 1,900 per share exceeds the market price.