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(영문) 서울남부지방법원 2016.04.20 2015고합402
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A and C shall be punished by imprisonment with prison labor for one year, and imprisonment with prison labor for one year and six months.

Defendant

A 9,000,000 won.

Reasons

Punishment of the crime

Q Co., Ltd. (hereinafter “ Q”) is a telecommunications business entity established on February 2, 200 and listed on the KOSDAQ market on February 2010, 2010, which provides mobile phone certification services, etc.

On May 2014, Defendant B, the head of the R Investment Securities S Center, was asked by its customer to dispose of 450,000 shares of Q major shareholders, which are 150,000 shares of Q major shareholders, from T, which are 450,00 shares of Q major shareholders, and was offered to Defendant A as the head of the R Investment Securities Strategy Team, who was revealed in the market situation.

Accordingly, when Defendant A sells a large volume of shares with a securities company block (over-time large volume trading) because it is difficult for Defendant A to dispose of shares within a long time because Q shares have low daily trading volume, Defendant A proposed a method of selling large volume of shares through an investment trust company, an investment trust company, bank, securities company, insurance company, merchant bank, etc., such as fund manager, etc., and an investment trust company, an investment trust company, an investment trust company, etc., such as investment trust company, bank, securities company, merchant bank, etc., which is defined in Article 2 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and a corporate investor stock manager, etc., who makes a large-scale investment in the securities company, such as fund, etc., proposed a method of covering block in order to prevent the large volume of shares from spreading at once in the stock market. T consented thereto.

Accordingly, Defendant A and Defendant B consulted with T on the price for the block with which payment of money was made, and they concluded a false service contract with T under the name of the consulting company while the method of receiving money was not considered due to no reason, and received money as a service fee, and around July 2014, U.S., Q major shareholder, through a securities company block-sury manager or an institution-invested share manager.

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