자본시장과금융투자업에관한법률위반
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The FF Co., Ltd. (hereinafter “F”) recorded the net loss for three consecutive years as of June 28, 2010, and conducted a capital increase for consideration in the amount of KRW 12.6 billion on November 23, 2010 (the issue price of KRW 1,400, the issue price of new shares, and KRW 9 million on the issue number of new shares) in order to prevent the cancellation of listing by improving the financial structure of the F, who has failed to keep the company in an unsound state (21.4%) with the capital erosion.
In the process of the capital increase with G, H, I, J, K, etc., certain shareholders renounced the capital increase for consideration and caused about 5.27 million won forfeited shares, thereby raising funds, and success in the capital increase with respect to the forfeited shares equivalent to approximately KRW 5.27 million in total of the payment amount, and KRW 7.3 billion in the amount of forfeited shares, the Defendant continued to increase the share price through market price manipulation, and held the said forfeited shares in advance.
F's disposal of the F's stocks, etc. to acquire marginal profits from market price.
Accordingly, at the same time, the Defendant recruited investors to participate in the increase in the capital for consideration, etc., and paid approximately KRW 700 million through G to KRW 3-4 times, and requested price support to the market price controller, etc., G requested price control by the Defendant upon the Defendant’s request, and H, I, J, and K distributed the market price of KRW 300 million received from G to H, I, and H, I, J, and K distributed the market price of KRW 300 million, using a borrowed account, funds, etc. raised through the neighboring land, etc. from January 10, 201 to February 28, 201, and conspired to artificially support F shares by submitting an order to control the market price of F shares directly from around the surrounding land, etc. to purchase the F shares.
In addition, the defendant and L have continuously fallen after March 201, 201, and the F's price has continuously fallen, and the defendant and L are the principal guarantee agreement.