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(영문) 서울중앙지방법원 2014.03.18 2013고합1274

특정경제범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for one year.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud, which became final and conclusive on July 21, 2012.

From June to July 201, 201, F, a major shareholder of E (hereinafter “E”) and the Chairperson, around 160,000 shares of E, requested G to inquire of the method that institutional investors such as banks, insurance companies, securities companies, etc. purchase the shares of E, if they purchase the shares of E, the share price is erroneous, and G requested H and I, which was known to the early police officer in early 201.

In the process, J may request institutional investors, such as banks, insurers, and securities companies, to purchase E shares, and require G to purchase KRW 500,000,000 on the condition that it purchases 300,000 shares, and G was provided with monetary support by reporting the terms and conditions of suchJ to F.

The J, known to the general public, presented the terms of consultation with G to the Defendant, who is an employee of the securities company, and asked to the relevant institutional investors, such as banks, insurance companies, and securities companies, whether it is possible to purchase E shares, and the Defendant accepted such terms and conditions.

On August 9, 2011, E’s price was recorded at the lower limit in the year of the sudden fall, G said that institutional investors would pay KRW 200 million as down payment if they purchase 30,000 shares, with the lower limit in purchasing E’s shares, and the Defendant and J accepted this.

Accordingly, G was paid KRW 200 million from F, and the Defendant and J received the total of KRW 50 million from G on August 10, 201 and KRW 200 million on August 11, 201, including KRW 150,000,000,000,000, which is the next day, from G, to the national bank account in the name of “K” designated by J.

Accordingly, the defendant and J agree to arrange matters belonging to the duties of officers and employees of financial institutions.