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(영문) 서울남부지방법원 2015.10.08 2015고단1823
자본시장과금융투자업에관한법률위반
Text

Defendant

A and C shall be punished by imprisonment with prison labor for one year, and by a fine of 30 million won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] On June 21, 2013, Defendant C was sentenced by the Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc., and the judgment became final and conclusive on October 11, 2013.

Defendant

A on July 1, 2011, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for a violation of the Securities and Exchange Act, which became final and conclusive on November 10, 2011.

Defendant

B On June 21, 2012, the Seoul High Court sentenced the two-year suspended sentence to 4 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on June 29, 2012. On January 25, 2013, the Seoul Central District Court sentenced the two-year suspended sentence to 1 year of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), which became final and conclusive on February 2, 2013. On April 18, 2014, the judgment was sentenced to 3 years of suspended sentence to 1 year and 6 months of imprisonment for the same crime at the Seoul Central District Court, and became final and conclusive on April 26, 2014.

【Criminal Facts】

The F Co., Ltd. F (hereinafter “F”) was listed on the KOSDAQ on July 31, 1995, and was abolished on July 10, 2013. Defendant C decided to take over the F’s shares and management rights from G, etc., the largest shareholder of F. Defendant C is the pro-friendly type of Defendant C. Defendant A is the representative attorney at H law firm H, and Defendant B is the representative attorney at H, taking charge of all the affairs related to the conclusion of the Defendant C’s F shares and management rights transfer contract.

Defendant

C In the early July 2010, in order to acquire F shares and managerial rights from the largest shareholder of F, but to hold the so-called “Uncapital M&A” to acquire the company’s managerial rights by lending the F shares to the transferor as collateral and paying them to the transferor, upon contact with G and I, J, and M&A, the largest shareholder of F on July 11, 2010, to purchase the total amount of 855,130 shares (holding ratio 64.43%) held by him/her from M&A Co., Ltd. with the total amount of 16 billion won. In writing of the understanding of understanding, it is time to conclude this Agreement, with a down payment of 1 billion won.

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