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(영문) 서울중앙지방법원 2015.10.29 2015고단3064
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

1,434,285,129 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant, a company, who is engaged in credit business by means of lending stocks acquired at a high rate, etc. as collateral, has been punished several times due to the violation of the Securities and Exchange Act, etc. related thereto, and was charged with the violation of the Financial Investment Services and Capital Markets Act to the Seoul Central District Court on Sept. 13, 2013, and the Daegu District Court on Nov. 7 of the same year, was consolidated, and was sentenced to one year imprisonment with prison labor at the Seoul Central District Court on Aug. 12, 2015, and the Defendant, who is dissatisfied with the above judgment, is still pending in the appellate trial.

On the other hand, in Seoul High Court on September 9, 201, the defendant was sentenced to a suspended sentence of three years on January 27, 201, for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court.

2. Criminal facts BC and BD (the indictment of detention on June 9, 2014) were the fact that they leased bonds from the Defendant in the manner of “Uncapital M&A” and they took over BE (the merger into BF on December 200, 200, and the merger into BF on October 31, 2012, hereinafter “BE”), but they were in mind by raising the value of BE stocks by raising the value of BE stocks through a false public announcement as if the BG (BG, hereinafter referred to as “BG”) was taken over with its own funds by offering them as collateral and raising BE profits from selling the acquired stocks.

The Defendant, despite being aware of the above circumstances, lent the acquisition fund to BD et al. as a bond of high interest exceeding the limited interest rate under the Act on Registration of Credit Business, etc. and Protection of Financial Users, and received BE stocks as a collateral, sold them without delay and repaid the principal and interest of the bonds, and settled the balance with BD, etc.

BC The BZ representative BG H (Suspension of Prosecution on June 9, 2014) and BG are BE.

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