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(영문) 서울남부지방법원 2018.08.09 2017고합501

자본시장과금융투자업에관한법률위반등

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1. Defendant A shall be punished by imprisonment for seven years and fine of two thousand won,00,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The Defendant A was sentenced to four years of imprisonment for a violation of the Act on the Regulation of Similar Receipt at the Seoul Northern District Court on September 28, 2007; on July 15, 2010, the Seoul High Court was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a violation of the Securities Transaction Act; and completed the execution of the sentence on July 13, 2015.

【Status and Roles of the Defendants 【Status and Roles of the Defendants】 As the Chairperson of (State)M, (State) N, and (State)O, Defendant A directed Defendant B, C, and D on a regular basis by holding an investment presentation meeting to take charge of all the crimes including obtaining profits from market price by directly selling and selling the shares of the listed company subject to acquisition using investment funds recruited.

Defendant

B, from July 1, 2015 to July 28, 2016, B established and operated (State)M, and from around March 10, 2016 to around May 10, 2016, B served as a joint representative director, a representative director from around May 10, 2016 to around June 3, 2016, and a representative director from around December 5, 2016 to around December 28, 2016.

Defendant

Since September 9, 2015, C established and operated (State) PP from around September 9, 2015, Defendant A transferred the instructions of Defendant A to other accomplices, and Defendant A took charge of the enforcement of investment funds recruited according to Defendant A’s instructions, (State), Q, and (State) disclosure related to the hostile acquisition.

Defendant

D Since March 10, 2016, from around 10, 2016, it established and operated (State)S B, and solicited investors to raise investment funds in the name of (State)S and to buy stocks.

[Related Company] (State)M (Change to T on November 15, 2016) was established on July 1, 2015 by Defendant B to invite investors to make investments.

(State)S was established on April 28, 2016 by the company that conducts real estate consulting business, and Defendant D established to invite investors to make investments.

(State) N (Change to the U on May 24, 2016, and to the (State)M on November 15, 2016.