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(영문) 대구지방법원 2014.05.30 2013고단6217

자본시장과금융투자업에관한법률위반

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1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A was in office as the representative director of L in the old city from March 11, 2009 to December 24, 2010. Defendant B, as the bond company, was in office as L director from February 10, 201 to October 29, 201, and Defendant C was in office as L corporation’s employee from April 2009 to October 20, 209. Defendant D was in office as the representative director of L from March 2009 to January 201, and N corporation was in office as the bond company, and Qu was in office as the bond company operating the “P” in the Jung-gu Seoul Metropolitan Government Investment Corporation.

1. No co-principal of the Defendants may commit any act using an unfair means, scheme, or trick in connection with the sale and purchase or other transaction of shares.

Defendant

A, around January 2009, agreed to acquire management rights of LA on the condition of raising funds of 10 billion won and succession to guarantee from T, the largest shareholder and representative director of L L, and agreed to take over the management rights of LA on February 10, 2009. However, around February 10, 2009, the share capital was fully unpaid and failed, but the Defendant A succeeded to the share capital through the method of raising funds for the subscription to the subscription to new shares, thereby acquiring LA by accepting the subscription to the subscription to the subscription to new shares, and pretending that L would be subject to good evaluation in the market, thereby preventing the decline of share price and inducing the investment of ordinary investors.

Defendant

A around February 11, 2009, the Defendant C asked Defendant C to “a request to raise the bond fund for the success of a person who has lost value.” Defendant C requested Defendant B, Q, etc., the bond company, to “a request for the payment of the bond for the increase of value.” Defendant B, etc. is guaranteed the principal and interest of 5% on the condition that the fund for the subscription for new shares is paid for the subscription for new shares.