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(영문) 서울남부지방법원 2017.10.13 2016고합492
자본시장과금융투자업에관한법률위반
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The charges were appropriately revised.

[criminal history] Defendant A was sentenced to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on September 22, 2016, and the judgment was finalized on June 8, 2017. On October 16, 2015, Defendant A was not detained for the same crime at the same court and still pending trial.

[Criminal facts]

1. The crime motive and conspiracy-related joint venture C Co., Ltd. ( currently referred to as “C”; hereinafter referred to as “C”) are companies established for the purpose of semiconductor testing equipment manufacturing, etc. around April 30, 1990 and around April 30, 1990.

Defendant

B participated in the increase of capital equivalent to KRW 1.5 billion for consideration from E, the former representative director of C, with a proposal to transfer management rights, and participated in the increase of capital for consideration and then actually acquired C around January 2014.

Defendant

B Upon making a decision that it is difficult to recover due to the aggravation of the management situation of C after the acquisition of C, the facts charged of KRW 1.3 billion against C, along with E, stated to the effect that “Defendant B, along with E, conspiredd to allow F to exercise the rate of KRW 10 billion with the holding of the rate of KRW 10 billion.” However, according to the evidence duly adopted and examined by this court, it appears that Defendant B had only a rate of KRW 1.3 billion when it provides the F with the purpose of operating the market price for the purpose of operating the market price, and even if so recognized, it appears that Defendant B had only a rate of KRW 1.3 billion.

Securities, which are equivalent to new shares (one unit of securities (one unit of securities) and the old share 3,159.

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