특정경제범죄가중처벌등에관한법률위반(알선수재)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On April 8, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act, etc. at the Seoul High Court (Seoul High Court) and three years of suspension of execution on April 16, 2015, and the said judgment became final and conclusive on April 16, 2015 and is currently in the grace period.
[2] The Defendant, along with F and G, conspiredd that H Co., Ltd. (hereinafter “H Co., Ltd.”)’s actual inspection conducted by H Co., Ltd. (hereinafter “H Co., Ltd.”) would sell the H Co., Ltd.’s stocks in a large amount to investors, such as asset management companies, securities companies, etc., and receive and divide them.
On May 2014, the Defendant accepted the request from F, G, and H Company’s stocks held under the name of F, and H Company’s stocks, which are held by I, from F, and H Company’s investors, such as asset management companies, securities companies, etc., to offer 3% of the trading amount as commission if they arrange to acquire in large quantity.
The Defendant, along with F and G, arranged Korea Asset Management L, through K, to acquire 1.3 million shares of H company H company at a discounted price of 15% from the closing day prior to the sale. On May 22, 2014, the Korea Asset Management Co., Ltd. as an investment of a company at around the time, acquired the said 1.3 million shares through mass trading.
Since May 22, 2014, the Defendant received KRW 79 million from I in return for the good faith of the above know, along with F and G.
Accordingly, the defendant in collusion with F and G received money and valuables in order to arrange matters related to the duties of executive officers and employees of financial companies.
Summary of Evidence
1. Statement by the defendant in court;
1. Each prosecutor's statement concerning F, L, G, and I;
1. Each investigation report (Adjustment of the current status of exercise of shares and rights, which are new shares of I, etc., attachment of a 1.3 million block with a H company, and reporting on the result of execution of a search and seizure warrant);
1. Previous convictions: Inquiries about criminal history data and application of Acts and subordinate statutes of investigation reports (Attachment of criminal suspects A' previous convictions and written judgments);
1. Relevant Article of the Act on Criminal Crimes and the Aggravated Punishment, etc. of Specific Economic Crimes for Selection of Punishment