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(영문) 서울남부지방법원 2013.09.05 2013고정1936
특정경제범죄가중처벌등에관한법률위반(증재등)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 12, 2011, the defendant was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Central District Court, and the above judgment became final and conclusive on June 28, 2012.

Around January 2009, the Defendant made a proposal to the effect that “The investors are in physical color upon receiving a request from D Co., Ltd. to color the investors of the above company’s preemptive rights, including the representative director E, which are owned by major shareholders,” but the stock price of the above company would make a large number of investments in the future. However, around January 2009 to March 3, 2009, because the stock price of L Co., Ltd was an average of KRW 800 per share, the Defendant did not think that it did not have to make an investment because the stock price of L Co., Ltd. was exceeded an average of KRW 800 per share, the Defendant decided on April 2009 to make an investment exceeding KRW 2,00, and the Defendant presented specific terms and conditions to the above E and F, together with C, presented a defect in transactions.

At the time, the gist of the Defendant and C’s plan was that “A exercises 18 million shares out of 28 million shares of the preemptive right by raising funds and exercising the preemptive right of 18 million shares of E, a major shareholder, and if sold in at least 20 million won per share of the remainder of 8 million won, it would have a huge benefit so that it would have divided one half of the profits.”

《범행사실》

1. On April 2009, when the Defendant, at the office of the Gangnam-gu Seoul Gangnam-gu Center for Bsecurities located in Gangnam-gu Seoul (Seoul), up to KRW 300 million from C, opened the Fund of the Coal Corporation to B securities by attracting the person related to the Coal Corporation from the State, and purchased the stocks of the Fund to increase the share price by purchasing the stocks with the Fund of the Coal Corporation, there may be a lot of profits that the Defendant will acquire in the future through the above preemptive rights transaction.

“Around April 30, 2009, upon hearing the end of the statement to the effect that “A” would be 300 million won to invest in C with the preemptive rights of the KCAD.

Accordingly, the defendant is acting as an executive officer or employee of a financial company C.

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