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(영문) 서울남부지방법원 2014.10.24 2014고합133
자본시장과금융투자업에관한법률위반
Text

Defendant

A, B, E, and I Imprisonment with prison labor for two years, Defendant C, and F for two years and six months, and Defendant G and H for one year.

Reasons

Punishment of the crime

1. On June 21, 201, Defendant C, including Defendant C and F’s criminal records, was sentenced to a suspended sentence of three years for a violation of the Securities and Exchange Act at the Seoul Central District Court on December 1, 201, which was sentenced to a suspended sentence of one year, and the judgment was finalized on December 1, 2011, and X, a KOSDAQ-listed company, X (hereinafter “X”) was established on June 27, 1990, and listed on the KOSDAQ on September 24, 1996.

The representative director and the largest shareholder are Y's friendships.

Defendant

F is a person who was sentenced to one year in Seoul High Court on August 17, 2012 to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which was decided on January 24, 2013, and X shareholders (467,000 shares as of June 8, 2010), and X shareholders (467,00 shares).

2. The background X of the instant case fell under de-listing standards due to the de-listing of more than 50% compared to capital for three consecutive years from 2006 to 2008, and thus, it was determined as subject to de-listing on April 28, 2009. However, the objection was accepted on May 21, 2009, and the stock transaction was resumed from December 10, 2009 after the period of improvement between the six months and the period of suspension of stock transaction was set, and Y (including specially related persons as of September 30, 2010, including 3,204,397, 32.89%), and tried to improve the financial structure and normalize the financial structure of X through investment in kind, third-party allotment method of capital increase, etc. However, X had no possibility of business losses to be accumulated as KRW 4.1 billion (2 billion per year 2009) as of September 30, 2010.

3. Defendants’ violation of the Financial Investment Services and Capital Markets Act

A. A. The public contest relationship and the role of the Defendants and co-offenders, through Defendant C, entrust AA, a market price manipulation expert, with the manipulation of X shares.

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