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(영문) 서울남부지방법원 2018.06.15 2016고정708
증거은닉
Text

1. Defendant A, B, C, and D shall be punished by a fine of three million won.

Defendant

A, B, C, and D shall not pay the above fines.

Reasons

Criminal facts

1. Defendant A’s position is the vice-chairperson director of Defendant E Co., Ltd. (hereinafter “E”), Defendant C is the director of E Management Strategy room, Defendant D is the deputy head of E Management Strategy room, Defendant D is the deputy head of E Management Strategy room.

2. As to the facts that Defendants A, C, D, and B were investigated by F (E) operators, G (E representative director), directors H (E director), etc. as a person who was subject to a violation of the Financial Investment Services and Capital Markets Act, etc. at the Seoul Southern District Public Prosecutor's Office, Seoul Southern District Public Prosecutor's Office ordering F to conceal documents related to financial, accounting, and management strategies of E and its affiliate companies related to the said case, and attempted to conceal evidence unfavorable to the said persons.

On April 2015, the Defendants, at the E office located in Gangnam-gu Seoul Metropolitan Government Haman, received documents related to the case of violation of the Financial Investment Services and Capital Markets Act, etc., which was kept in the said office in accordance with the above direction, including the documents of J related to the case of violation of the Financial Investment Services and Capital Markets Act, K’s loan contract, cash consumption loan contract related to stock trading contract, and documents related to the finance, accounting, and management strategies of E and its affiliated companies, and then moved out of the E office to the E office and concealed the documents.

As a result, the Defendants conspired to conceal evidence on another person's criminal case.

3. In cases of offering or selling the securities of Defendant E, no description or representation shall be made with respect to material facts or any description or representation of material facts in the investment explanatory note prepared;

Defendant

The actual operator of the company F, representative G, and director H, who held 40.48% of the shares of the Defendant Company, were recruited to promote the increase in the capital for consideration for the Defendant Company, while concealing the fact that L had filed a bankruptcy petition by L’s creditors with respect to the Indonesia Corporation L (L hereinafter “L”).

F, G, and H are located in the E office located in Gangnam-gu Seoul Metropolitan Government I around June 2013.

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