자본시장과금융투자업에관한법률위반등
A defendant shall be punished by imprisonment for a term of three years and by a fine of thirty million won.
When the defendant does not pay the above fine.
Punishment of the crime
1. The Defendant is a major shareholder and representative director of H (hereinafter “H”) for the purpose of manufacturing, selling, etc. Dogdong-gun G of Gyeongdong-gun, and the Defendant is a corporation I (hereinafter “I”) established by human division for the purpose of electrical construction and fire fighting business at H on January 8, 2004.
2. criminal motive;
A. From around 2002, the Defendant had been using funds of H or offered as collateral to a financial institution to raise funds by obtaining a loan from the Defendant.
The Defendant purchased and traded shares of Samjin Co., Ltd. (hereinafter “Yinjin”) and Samjin Co., Ltd. (hereinafter “Yinjin”) with funds, etc. raised by H’s company funds or stocks as collateral to financial institutions. In August 201, when the collateral ratio is lower than 110 to 140%, the Defendant offered 30,000 shares owned by the Defendant as collateral and borrowed approximately KRW 5,00,00,000 shares of Samjindong Co., Ltd. (hereinafter “Yinjin”) with the collateral ratio of KRW 70,000,000,000 shares and KRW 1,411,00,000,000,000,000 won, on the contrary basis of the opposite trade, the Defendant offered 300,000 shares and KRW 30,700,000,000,000 shares owned by the Defendant as collateral.
However, according to the continuous decline of the prices of Samjin-in and dynamic drugs, the Defendant, as seen above, has caused a shortage of security against the funds borrowed from the securities company within seven days.