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(영문) 서울중앙지방법원 2013.12.27 2013고합698
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment for three years, Defendant B, Defendant C, Defendant D, Defendant E, and Defendant G are punished by imprisonment for two years and six months.

Reasons

Punishment of the crime

【Criminal Power and Public Offering Relations of Defendants】

1. On November 10, 201, Defendant B was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act at Seoul High Court (Seoul High Court) on the grounds of a violation of the Financial Investment Services and Capital Markets Act, and the said judgment became final and conclusive on November 18, 201.

Defendant

C On January 21, 2011, the Seoul Eastern District Court sentenced the suspended sentence of two years on April 19, 201 to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust).

Defendant

E on November 10, 201, the Seoul High Court sentenced the two-year suspended sentence to the violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court on November 10, 201, and the decision became final and conclusive on November 18, 201.

Defendant

G On October 21, 2011, the Seoul Central District Court sentenced the two-year imprisonment to be a crime of fraud at the Seoul Central District Court, and the decision became final and conclusive on October 29, 201.

2. Gu roads concerning the overall public offering;

A. On January 29, 2010, AE (hereinafter collectively referred to as “AE”) entered into a contract for acquisition of shares and management rights with approximately KRW 3,395,960 (40.86%) and KRW 20 billion by acquiring shares and management rights for one shareholder of AF (hereinafter referred to as “AF”) from AH Co., Ltd. (hereinafter referred to as “AH”) around January 29, 2010.

In addition, AI, AJ, etc. entered into a share purchase contract with about 9 billion won with the content that the shares of AF 2,349,939 shares (28.27%) are transferred from the side of AF 2 shareholders in the name of AK (AI), AL (AJ's wife), AM (N), AO (AP's wife), AP (AP), A Q, and AS (hereinafter "AS") on the same day.

B. A specific public offering relationship 1) Defendant F (AI’s partner), etc. holding 20% of the AE shares, in collusion, began to trade price manipulation trading orders for the AF shares through a borrowed name account, etc. from January 2010. Defendant D intervenes in the AF shares and management rights acquisition process of AE, etc.

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