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(영문) 서울중앙지방법원 2014.11.27 2013고합611
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for three years and six months, each of the defendants B and C shall be punished by imprisonment for one year and six months.

However, Defendant B and C.

Reasons

Punishment of the crime

On October 5, 2013, Defendant B was sentenced to a suspended sentence of two years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court on October 5, 2013. On October 5, 2013, the judgment became final and conclusive on October 5, 2013. On February 5, 2014, the Suwon District Court was sentenced to a suspended sentence of two years for eight months for a violation of the Financial Investment Services and Capital Markets Act, and the judgment became final and conclusive on February 13, 2014.

Defendant

C On February 5, 2014, the Suwon District Court sentenced 8 months of suspension of execution to the violation of the Financial Investment Services and Capital Markets Act. The judgment became final and conclusive on September 25, 2014.

【Criminal Facts】

1. Defendant A is a person who operates several financial consulting companies, such as U.S. Co., Ltd. (hereinafter referred to as “U.S.”), V, W, X.

Defendant

C is a person who plays a role in the direction of the share price support, such as negotiating price conditions, etc. between the largest shareholder, the quantity manager, and the prompt-name market manipulation player, and making the direct collection of the quantity.

Defendant

B is a person who directly submits a market price operation order with certain security and directly submits a share volume.

2. Violation of the prohibition against joint commission of crime and stock manipulation by the Defendants

A. A. On October 5, 2010, Y, a company that manufactures and sells equipment for receiving TV, as a company listed on KOSDAQ, decided to pay KRW 9 billion for the purpose of resolving the liquidity problem of the company on October 5, 2010, but recorded a large amount of business losses and net losses in the previous two consecutive years in 2008 and 2009, and entered a business losses in the previous two consecutive years in the year of 2010 and the net losses in the current period are expected to have been lost for the above subscription for capital increase.

YThe representative Z tried to solve liquidity problems through mergers with other companies.

In addition, franchises (franchis) and franchises (franchis).

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