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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, from the date this judgment became final and conclusive, Defendant A.
Reasons
Punishment of the crime
1. A public offering relationship and role of Defendant A worked as a financial director of F Co., Ltd. (hereinafter “F”), and on June 5, 2014, Defendant A was sentenced to four years of imprisonment by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on December 22, 2014, and the judgment became final and conclusive on January 5, 2016, and was sentenced to six months of imprisonment with labor for a violation of the Securities Transaction Act at the Seoul Northern District Court on January 13, 2016.
Defendant
B was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on June 5, 2014, and the judgment was finalized on October 28, 2014.
D is a person who operates a lending company with the trade name of “H” in Jung-gu Seoul Metropolitan Government G.
Defendant
A with the delegation of E around April 19, 2010, upon offering 5,155,846 shares of E in its operation as collateral and borrowing 3 billion won out of the shares of E, i.e., KRW 3,635,846 shares from May 19, 2010, upon receiving return of 3,634,08 shares out of the above shares as collateral and providing 3,634,08 shares out of the shares to D as collateral, and receiving a loan of 3.5 billion won, and repaid the above loan obligations to J, 200, KRW 1,520,000 (5,15,846 shares - 3,635,846 shares) from I around July 8, 2010.
Defendant A, using the fact that the above shares 1,520,000 shares were kept in custody for E, had 920,000 shares out of the above shares offered as a security to EMD and had 1,90,000 won borrowed from the above shares to use them for personal funds to acquire other listed companies. Defendant A, jointly with Defendant B or jointly with Defendant B for the purpose of exercising the above loan, intended to forge documents, etc. related to the loan under the name of E as follows.
2. Joint crimes committed by the Defendants
A. Defendant B, according to Defendant A’s instructions, at the “H” office around July 8, 2010, with the aim of exercising the right.