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(영문) 서울남부지방법원 2011.06.17 2010고단3387

간접투자자산운용업법위반

Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant had been in charge of selling beneficiary certificates, such as indirect investment securities, at D Securities Co., Ltd., and even if the seller of indirect investment securities was aware of any act likely to undermine the interests of investors and did not sell indirect investment securities without informing investors of the fact that the value of indirect investment securities has a significant impact on the value of indirect investment securities, the Defendant committed the following crimes in selling the “E 3” (F Co., Ltd. to raise funds to be invested in the business of establishing charnel houses and selling wings in G Co., Ltd.; hereinafter “investment trust 3”) which is indirect investment securities sold by the Defendant to H Mutual-Aid Association.

The Defendant knew that, in addition to the amount of funds required to smoothly carry out the projects for the establishment of charnel houses and the sale of a wing house certificate for G Co., Ltd., the total amount of KRW 47 billion, KRW 16 billion, KRW 17 billion, KRW 39 billion, KRW 18 billion, KRW 18.4 billion, KRW 1 billion, and KRW 23.3 billion, including the total amount of funds required for the registration of the 17 billion-in capital, such as the amount of funds required for the registration of the wing-in capital, KRW 80 billion-in capital, KRW 3 billion, KRW 30 billion, KRW 20 billion, KRW 20 billion, KRW 30 billion in direct investment, and KRW 30 billion in subordinated investment trust 4 and KRW 30,000,000,000 in total, the investment made at the time of the investment decision by the J Bank and the Korea Commercial Insurance Co., Ltd., Ltd., to make direct investment in the amount of KRW 20 billion.

Nevertheless, the Defendant, around August 14, 2007, made KH Mutual Aid Association offices located in Yeongdeungpo-gu Seoul Metropolitan Government, and made HH Mutual Aid Association invest in the Fund under subparagraph 3 of the said investment trust, 47 billion won, debt 16 billion won, debt 16 billion won, financial expenses, and financial expenses to be paid to L who is the team leader in charge of real estate investment in the said Mutual Aid Association.