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(영문) 서울중앙지방법원 2020.04.23 2019고단3730
자본시장과금융투자업에관한법률위반
Text

[Defendant A] The defendant A shall be punished by imprisonment for ten months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 9, 2017, Defendant C was sentenced to a suspended sentence of two years for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Central District Court on the 17th day of the same month.

【Criminal Facts】

1. The “Basic Facts F” is a representative director of G Co., Ltd. established for the purpose of running smart power generation business, light film business, automatic shocking business, etc. who operates the said company, while H and I are recruited as the head of the Seoul Regional Team of the said company.

Defendant

A, Defendant B, Defendant C, and Defendant D were in charge of soliciting investors while working as an investor recruitment policy under the above H.

Defendant

E was in charge of attracting investors while working as a means of investor solicitation under the above I.

2. Where securities constituting an offense are publicly offered or sold, the total amount of solicitation for subscription shall be at least one billion won, and where the number of persons subject to solicitation for subscription is at least 50, an issuer may submit a report on such public offering to the Financial Services Commission, and such report may be accepted, only if it is accepted.

Nevertheless, the Defendants, in collusion with the above F, H, and I, did not undergo the repair procedure of the registration statement. From May 4, 2015 to April 27, 2016, the Defendants solicited many and unspecified persons to make investments in G offices, etc. located in the Dongjak-gu Seoul Metropolitan Government J and K, and from May 4, 2016, by granting shares of M& to be listed on L on May 4, 2016 so that the value of investment can be increased to at least one million won per share (5,00 to 6,00 won per share, 200 won per share) if they invested in G for the purpose of selling related products with the completion of development of solar smart power, HH-SP as part of the new renewable energy project.

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