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(영문) 서울동부지방법원 2015.01.14 2013고단2455
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of four months, and defendant D shall be punished by imprisonment with prison labor of six months.

Reasons

Punishment of the crime

[Defendant A] On January 17, 2013, the Seoul Central District Court sentenced Defendant A to a suspended sentence of two years for a violation of the Commercial Act due to a violation of the Commercial Act at the Seoul Central District Court, etc., and the said judgment became final and conclusive on January 25, 2013.

Defendant

D On July 28, 2011, the same court was sentenced to five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on May 10, 2012.

【Criminal Facts】

1. On February 6, 2009, Defendant A entered into a contract with Defendant C, the largest shareholder of L Co., Ltd. (hereinafter “L”) to acquire management rights and 2030,000 shares. On March 31, 2009, Defendant B entered Defendant B as L’s representative director, and subsequently, instructed Defendant B et al. directors or directly executed the company’s management affairs.

On the other hand, L was engaged in the general public offering of 20 billion won from November 2008 to 20 billion won, but L was in fact difficult to offer more than 20 billion won in general public offering due to criminal acts such as embezzlement of former management and net losses during the immediately preceding year.

Defendant

A entered into a joint management agreement with D on March 27, 2009 that "it shall invest at least 10 billion won in the general public offering of 20 billion won of L, but in return for the joint representative director, L jointly operates L with the joint representative director system, and invest capital in a N Co., Ltd. that controls D's family members," and Defendant D appointed MO as L's management manager, and caused it to take charge of the above joint management agreement.

Defendant

A, while promoting capital increase with consideration as above, was requested to present evidence of management acquisition agreement concluded on February 6, 2009 by the Financial Supervisory Service on April 17, 2009, and was also related to the registration statement already submitted.

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