A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Majority Opinion] On December 21, 2017, the Defendant was sentenced to three years of imprisonment for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, at the Seoul High Court (Seoul High Court) and the judgment became final and conclusive on December 28, 2017.

[2] According to the proposal from around October 4, 2013, the Defendant: (a) established G Co., Ltd. (hereinafter “G”) around October 4, 2013, and (b) around May 13, 2015, when the Defendant was appointed as the representative director of each of the above corporations and recruited E and public investors, the Defendant incurred a loss of approximately KRW 2 billion among the funds raised by the Defendant from their relatives and people; and (c) assets remaining in the Defendant and investors of E, including approximately KRW 3.6 billion, were incurred from a large number of investments including investment funds, including KRW 3.6 billion, and assets remaining in the Defendant and investors of E were paid to J Co., Ltd. (hereinafter “G”); and (d) the Defendant did not receive any more funds than KRW 100,000,000,000, and there was no intention to transfer assets due to the lack of the ability to receive and continue to pay the funds.

Nevertheless, around June 13, 2016, the Defendant and E talked with “G” office located in Yeongdeungpo-gu Seoul Metropolitan Government, and “E shall pay KRW 200 million to the victim L, with M M 6,568 shares allocated to M 6,568 and transfer it on 30 days after MM listing,” and asked whether the victim can increase the volume to E, and then ask whether the reporter E can increase the volume to the Defendant, the representative director of G, and the Defendant again asked whether the Defendant would have the victim increase the volume to the volume, and then, the Defendant made E to prepare a share acquisition agreement (public shares) with the victim under the name of “G”.