A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[The relationship between the principal and the public offering] From June 4, 2013 to March 31, 2014, the Defendant acquired D’s management right on the ground of F while he/she was in charge of capital financing as the vice president of D Co., Ltd. (hereinafter “D”), a corporation listed on the KOSDAQ (hereinafter “Defendant, etc.”); and the Defendant, etc. acquired D’s management right and shares at KRW 5 billion between G and D’s actual inspector around April 19, 2013; the transferee took over the management right and shares at KRW 1,03,764 from the transferor, and the transferee took over the preemptive right to the bonds with warrants from the transferor to the H Group affiliate; the transferee took over the management right and shares with the content of converting the remainder into the long-term debt.

Defendant

In accordance with the above contract, the company, etc. received a loan from the bond company by offering the stocks of management acquired by the company as collateral and set up most of the acquisition price, and transferred the management right to G, etc. (G as the general president of the H group that became an affiliate to D, I, J, K, K corporation, and L, etc.) on the ground of I, J, and K, a major shareholder of D, and received the transfer of management right to the company on the ground of 1,003,764 shares for the convenience of the management right.

However, according to the above contract, the Defendant et al. failed to repay the debt of KRW 2 billion to H Group H Group affiliates, but did not repay the debt of KRW 2 billion, and it was urged from G to repay the debt over several occasions.

Before July 8, 2013, G drafted an additional annexed agreement with the Defendant, etc. stating that “A transferee shall ensure the liquidity of the company by exercising the warranty 1,003,764 shares acquired from the transferor’s side in accordance with the contract as of April 19, 2013 and paying the price of at least 2 billion won to D.”