자본시장과금융투자업에관한법률위반
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.
From each of the Defendants, KRW 10,000,000.
Punishment of the crime
Defendant
A received a proposal from Brazil around April 25, 2013, stating that “F” shares of “F (hereinafter “F”) of “F (hereinafter “F”) shall be paid KRW 200,000 if the lower limit is set back in a state of the stock and the stock price increases.”
Meanwhile, the aforementioned proposal was made by G, a representative director and a major shareholder of F, a company manufacturing telecommunications equipment, to obtain a loan of KRW 3 billion from modern securities, with KRW 924,532 and KRW 34,832 of F’s shares as collateral, and offered KRW 344,832 of F’s shares as collateral. On April 24, 2013 of the preceding day, the F’s share amount was lowered to KRW 4,060, the lower limit of the F’s share amount was set at KRW 500,000,000 at the second lower limit ( KRW 3,455) even on April 25, 2013, and it was anticipated that the sales order would set a lower limit of KRW 500,000,000 at the second lower limit of the shares offered as collateral.
Defendant
A received the above proposal from E and asked the Defendant B whether to contact and perform the above work, and Defendant B asked H, a higher number of the “nicker” in the re-stock market, and received the consent on the condition that H would pay KRW 140 million in return for the success of the above work from H.
Accordingly, Defendant B refers to Defendant A to perform the above work, and if it is confirmed that Defendant B has secured money in return for G because it can not receive the payment, he discussed to start the work.
Meanwhile, Defendant A continued to verify whether G has secured funds for consideration through E, etc., after hearing from E on April 25, 2013 that “G has secured the first KRW 100 million out of KRW 200 million,” Defendant A confirmed that “G has secured the first KRW 100 million out of KRW 200,000,000,” as E, at the same time, he/she was secured at a coffee shop in Gangnam-gu Seoul, Seoul.