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(영문) 서울남부지방법원 2016.09.22 2016고합117

자본시장과금융투자업에관한법률위반

Text

Defendants shall be punished by imprisonment for one year and six months.

However, this judgment has become final and conclusive against Defendant B.

Reasons

Punishment of the crime

1. Defendants B and related persons are the representative director of H, a corporation established for the purpose of management, management consultation, etc. from November 21, 201 to May 26, 2014, who engage in consulting business regarding the acquisition of management rights of listed companies, the listing of stocks bypassing to unlisted companies, etc.

I is a hub of financing such as stock security loans, and J, K, L, and Defendant A is a market price controller.

2. N and former directors, the largest shareholder of M Co., Ltd. (hereinafter “M”), are N and former directors, the largest shareholder of M Co., Ltd. (hereinafter “M”), separately from M to unlisted company and determine the method to operate as unlisted company, while seeking the method, N and former directors, etc. were held as the largest shareholder of M

M The management right was transferred by selling about 3.8 million shares to a third party, and the plenary business, which is the main business of M, was taken over through physical division of M with the proceeds of sale of 3.8 million shares, and it was thought that it was operated as an unlisted company.

Defendant

B and J have artificially supported M's share price through the market price manipulation, and had mind to acquire profits from market price by consolidating M stocks without capital and selling stocks held in the process by providing M to the bond company as collateral and paying money to the bond company.

Defendant

B and J entered into a management consulting agreement with theO on April 14, 2014 on the acquisition of 1.5 billion shares owned by M in total at KRW 4.5 billion per share by requesting P to take over KRW 254,844 shares out of the shares above on May 20, 2014 and entered into a contract on May 21, 2014 on the acquisition of shares by Defendant B to take over KRW 1,245,156 shares in total at KRW 4.5 billion, and on May 21, 2014.

Defendant

B and J, as above, purchase shares through the principal or borrowed account in order to raise approximately KRW 3.7 billion funds to acquire M Shares 1,245,156.