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(영문) 서울남부지방법원 2017.08.11 2016고정2710

자본시장과금융투자업에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of 50,000,000 won, and by a fine of 50,000,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. The status of the Defendant, etc. is the representative director of G Co., Ltd. (hereinafter “G”) for the purpose of the development, supply, etc. of water-processing software. H is the former head of the management support headquarters in charge of listing I listing and KOSDAQ transfer from the west interest G of F, and Defendant A is the arbitra of F, and Defendant B is the son of F.

2. The background of the crime was established on July 1, 2013 on the KOSDAQ and the Korea Exchange, other than the Korea Securities Market, for the purpose of strengthening support for small and medium enterprises in early stages through the capital market and laying the foundation for creative economic ecosystem. The Korea Exchange has achieved outstanding management performance in the I market, but the Korea Exchange has introduced the "Fast Track" system so that it can be promptly transferred to the KOSDAQ so that it can be promptly transferred to the KOSDAQ if it fails to meet the requirements for listing on general KOSDAQ because its initial business is or its scale is small.

In order to list it on KOSDAQ as 1 above rapid transfer listing system, one year has passed since the listing, and the turnover of the business year has been at least 10 billion won, and the operating profit has been realized, and the total amount of the daily average market price for 90 days prior to the application for listing on KOSDAQ has been at least 30 billion won.

F intended to list G to the above rapid transfer listing system Twit 1 on the KOSDAQ market. However, while G’s total market value is approximately KRW 10 billion, due to the characteristics of the I market, and as G’s share trading volume is difficult to easily mislead, G was less than the total market value of KRW 10.8 billion at the time of listing on July 1, 2013. On the first day of the first day, G was not traded for one week after trading 10 billion. Meanwhile, at the time of listing I, G stock valuation price was lower than KRW 1,05 out of 21 companies of I and H, in collusion with the Defendants, to create a total of KRW 30 billion in market value, and to dispose of stocks at the time of listing on the KOSDAQ market.