Defendant

A Imprisonment with prison labor of four years and fines of 5,000,000 won, and imprisonment with prison labor of 1 year for crimes of 4 of the judgment of Defendant B.

Punishment of the crime

[Defendant B’s criminal history] On July 19, 2007, Defendant B was sentenced to a suspended sentence of two years in August due to the charge of forging private documents at the Seoul Central District Court on August 19, 2007, and the above judgment was finalized on January 18, 2008.

Defendant

C On February 5, 2009, the Seoul High Court sentenced 2 years and 4 years of suspension of execution to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). The judgment became final and conclusive on February 13, 2009.

[Criminal facts] 2012 Gohap 86

1. On August 28, 2007, Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), Defendant A, AG, and H acquired the major shareholder’s shares and right to manage the AI (hereinafter “AI”), a victim company listed on KOSDAQ on or around the ground of the abolition of listing on or around April 28, 2007, and by holding the position of the president or vice president until December 2008, Defendant AJ took overall control of the management including the AI’s finance (public financing execution). AJ took office as the representative director of AI around August 28, 2007 and worked until April 2009.

The AJ, AG, AH, and Defendant A managed AI from around September 2007 to December 2008, while seeking to issue securities at the time of the AI acquisition, including approximately KRW 5.1 billion of funds owned by AI at the time of the acquisition of AI, and KRW 30 billion of funds borrowed from the bond company company, etc. without a notice and a book, and kept and manages more than 50 billion of funds in total, including KRW 10 billion of funds borrowed from the bond company company, etc. without stating the books, and there was a duty not to perform any act of causing property damage to AI, such as preserving the assets of AI and bearing unnecessary liabilities that are not related to the company operation.

Defendant

A, together with AH, AG, and AJ on August 28, 2007, at the AL attorney-at-law office of the Seocho-gu Seoul Metropolitan Government where the name in the Seocho-gu Office is unknown, Defendant A paid AL KRW 5 billion as the part of part of the intermediate payment for taking over stocks and management rights with the funds borrowed from AM by the bond company AM. AL paid KRW 5 billion to AL as the part of the intermediate payment received at the branch of the neighboring bank immediately. 3.25 billion out of the intermediate payment received as above.