자본시장과금융투자업에관한법률위반
1. Defendant A and B shall be punished by imprisonment with prison labor for three years, and Defendant C shall be punished by a fine of thirty million won.
2. Defendant C is above.
Punishment of the crime
1. Defendant A’s status as Defendant A and B served as a managing director of KK Co., Ltd. (hereinafter “K,” and the name of another company omitted), around 2010, and is currently the representative director of the said company.
Defendant
B was in office as the head of K's finance team around 2010, and is currently a financial director of the above company.
2. Crimes of market price manipulation;
A. A. The public offering L, M, etc. (hereinafter “N Cooperatives”) established the instant association, secure voting rights of approximately 2.8 million K shares, and attempted to acquire an enterprise hostilely at a regular general meeting of shareholders (hereinafter “instant general meeting of shareholders”) around March 24, 2009.
However, the existing K management secured approximately 3.2 million voting rights and failed to defend the company's hostile acquisition.
L et al. filed a complaint of breach of trust against the representative directorO at the time of K, and filed a lawsuit of revocation of the resolution of the general meeting of this case, Q Q, which was the largest shareholder of K, sold 1.5 million shares to P, which was owned by the largest shareholder of K, on June 19, 2009, and purchased 3,984,916 shares on July 6, 2009.
Accordingly, Q becomes the largest shareholder of P, and P became the largest shareholder of K.
L et al. seems to have applied for provisional disposition prohibiting exercise of voting rights for 1.5 million shares purchased by P.
A request for a provisional disposition prohibiting voting rights was made to the company.
P on December 23, 2009, K shares, which were 7,000 won from the members of the instant case, such as L and M, to suspend hostile actions against K management such as L, etc., are listed in the COS market.
K's 500,000 shares were agreed to purchase KRW 11,00 per share, and purchased KRW 300,000 per share on December 30, 209.
However, P did not purchase the remaining 200,000 shares, and K's share amounted to 6,000 won around June 2010.
Accordingly, Defendant A and B have artificially increased K's share price and attempted to sell shares of the members of the instant case at a high price, thereby remaining 20,000 shares.