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Defendants are not guilty.
Reasons
1. The summary of the facts charged in the instant case was the representative director of the Victim G Co., Ltd. (hereinafter “G”) who was a KOSDAQ-listed company from April 7, 201 to March 11, 201, and Defendant B was the bond business operator who traded funds with H several times with the former representative director of G.
H (A) On March 1, 2007, he/she acquired G through a corporation I (hereinafter “I”) in which he/she was a representative director and a major shareholder; (b) from March 16, 2007 to March 30, 2010, he/she was in office as a representative director of G; (c) on May 23, 2008, he/she acquired J (hereinafter “J”) through G; and (d) on September 2009, he/she acquired K Co., Ltd. (hereinafter “K”).
On the other hand, on September 28, 2009, K issued capital increase with third party capital increase under the direction of H. On November 17, 2009, J acquired L Co., Ltd. (hereinafter “L”) which is a company listed on KOSDAQ (hereinafter “L”), and L acquired M Co., Ltd. (hereinafter “M”) which is an extraordinary funeral around November 18, 2009.
Around September 28, 2009, H borrowed 6 billion won from Defendant B with respect to the allocation of 18 billion won to a third party in the process of acquiring a company through several times as above. Around November 10, 2009, Defendant B borrowed approximately one billion won from Defendant B with respect to the allocation of 18 billion won to a third party, and around November 17, 2009, J purchased 9.01% of L’s equity and 7 billion won with respect to the acquisition of management rights at the time of acquiring 9.01% of L’s equity and 3.5 million common equity shares, and then requested Defendant B to act as a holder of friendly equity.
Since then, H became liable for the failure to repay the debt incurred in the process of repeated merger and acquisition, and due to suspicion such as voluntarily withdrawing funds from J and K as a loan, and being used for a purpose unrelated to the above company from the end of 2009 to the Seoul Central District Prosecutors' Office, H was detained on April 7, 2010 among those being investigated by the Seoul Central Prosecutors' Office from the end of 209.
During that process, Defendant B and B’s dynamics heard that the prosecution investigation of H is being conducted on March 2010, and that H is immediately detained.