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Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.
Reasons
1. The summary of the facts charged is the representative director of the victim I Co., Ltd. (hereinafter “victim”) from October 26, 2007 to October 6, 2008, who was engaged in overall management of the funds and management of the damaged company.
Defendant
B entered into a contract for acquisition of shares and management rights with the intent to acquire shares of 2 million won and management rights of the damaged company that he owns from Defendant A in August 2008, and around August 11, 2008, he borrowed 700 million won from the J of the bond company around August 11, 2008, and around August 12, 2008, he entered into a contract for acquisition of shares and management rights with the intent to acquire shares and management rights of 2 million won and 16.5 billion won of the damaged company's ordinary shares from Defendant A (hereinafter "the contract of this case").
Accordingly, on August 12, 2008, Defendant B paid KRW 700 million out of the down payment of KRW 7.8 billion on the date of the contract, to Defendant A, and on August 13, 2008, KRW 2.6 billion out of the down payment, Defendant A succeeded to the obligation of KRW 2.6 billion against Defendant K, instead of succeeding to the obligation of KRW 2.6 billion from the down payment, Defendant B paid KRW 4.5 billion out of the down payment to Defendant A.
B. Around August 19, 2008, Defendant B agreed to pay the remainder of KRW 1.7 billion to Defendant B, the intermediate payment of KRW 1.7 billion, and the remainder of KRW 7 billion by not later than three days prior to the temporary general meeting of shareholders of the victimized company.
On the other hand, in taking over Defendant B’s obligation of Defendant B to Defendant B on August 2008, the Defendants: (a) lent money from the bond company L to K for the purpose of providing it as additional security in order to prevent the opposing trade of KRW 2,60,000 of the shares owned by Defendant A, which are kept as security; and (b) intented to withdraw the amount of the paid-in capital and use it to pay for the personal debt of Defendant B when the paid-in capital increase is paid by the injured company by conducting a public offering of small amount of shares allocated to a third party.
Accordingly, Defendant B loaned KRW 1 billion from L around August 13, 2008 to K as additional collateral.