자본시장과금융투자업에관한법률위반
All appeals by the prosecutor and the defendant are dismissed.
The main reasons for appeal are as follows: (a) whether the largest shareholder exists, and whether there is an additional joint and several liability worth KRW 6.3 billion up to half of the total capital of the company; and (b) whether there is an additional joint and several liability worth KRW 6.3 billion is important to determine the possibility of existence of the company; and (c) investors decide to make an investment based on such important matters; and (d) the Defendant’s raising funds equivalent to KRW 28 billion through capital increase for consideration after non-disclosure of important matters, such as absence of the largest shareholder and existence of additional liability, should be deemed as unjust profits through unfair trading.
Nevertheless, the court below obtained 28 billion won unfair trading by the defendant.
It is difficult to see
The judgment was rendered by mistake that affected the conclusion of the judgment.
The sentencing of the court below (a year and six months of imprisonment, a suspended sentence of three years, a welfare facility and group service activity of 300 hours) is too uncomfortable and unfair.
Defendant
In fact, the Defendant: (a) published the truth about the change of the largest shareholder; and (b) did not think that the obligation of joint and several surety amounting to KRW 6.3 billion is legally invalid; and (c) did not have any criminal intent to omit the fact of joint and several surety; (b) prepared a stock transaction contract, etc. based on the issuance of each certificate of personal seal impression, copy of passbook, etc. from them after consultation with L et al., and (c) acquired stocks from 9 persons, such as L et al. in large quantity; and
Since the report was made, it is not necessary to make a false statement on the stock holding status.
Nevertheless, the court below made a false statement on unfair trading and mass holding report in order to ensure the success of the capital increase for profit allocated to shareholders by the defendant.
The decision of seal may be erroneous and adversely affected by the conclusion of the judgment.