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(영문) 서울중앙지방법원 2018.10.12 2018노803
자본시장과금융투자업에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for three years.

Defendant

A corporation B shall be punished by fine 2,654,750.

Reasons

1. The judgment of the court below which acquitted the Defendants of all the facts charged of this case, despite the recognition of Defendant A’s intentional act or conspiracy, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. An ex officio determination prosecutor shall maintain the violation of the existing Act on the Business of Financial Investment Services and Capital Markets (hereinafter “Capital Market Act”) against Defendant A and Defendant B (hereinafter “B”) who was acquitted of the lower court for the first time in the trial, and applied for amendments to a bill of amendment to the indictment containing the following facts as the conjunctive facts charged. Since this Court permitted this, the lower court’s judgment may no longer be maintained.

Defendant A’s name of the facts charged in the preliminary addition: Article 43(1)8, Article 178(1)1, Article 443(1)9, Article 178(2) of the Capital Market Act, Article 32(1), and Article 40 of the Criminal Act: The name of Defendant B of the crime under Article 443(1)9, Article 178(2) of the same Act, Article 32(1), and Article 40 of the Criminal Act, applicable to aiding and abetting Violation of the Capital Market Act: Article 448, Article 443(1)8, Article 178(1)9, Article 178(2) of the Capital Market Act, Article 32(1) of the Criminal Act, Article 32(1), and Article 40 of the Criminal Act, neither a person shall use the market price, any deceptive scheme, or any other means, or any other fraudulent means, with respect to the trade of financial investment instruments.

1. On May 2014, Defendant AD, C, and F received a request from the Defendant to sell the shares of B operated by the Defendant through a public prosecution and other AA, and upon D’s instruction around June 2014, Defendant AD, C, and F advertised as if C and H were off-the-counter capital experts, and publicize B’s shares at the “E” site managed by F according to D’s instructions and “G” site managed by F according to D’s instructions.

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