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(영문) 서울남부지방법원 2017.05.25 2017고정380
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 5, 2013, the Defendant was sentenced to imprisonment of one year and six months with prison labor for the crime of forging securities at the Seoul Central District Court on December 5, 2013, and the said judgment became final and conclusive on December 8, 2015, and on September 1, 2016, the Defendant was sentenced to imprisonment for one year and six years with prison labor for crimes falling under Articles 2 and 3 of the Financial Investment Services and Capital Markets Act (hereinafter “B”) with respect to the crime of violating the Financial Investment Services and Capital Markets Act in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Seoul High Court, and was sentenced to imprisonment for two years and six months with prison labor for the same crime in Seoul High Court on January 19, 2017, and was involved in the stock purchase in the stock exchange with B stocks from C, etc. as a security for purchase.

2. The B Representative Director D, the background of the crime and the president of the B Representative Director D (amended by Act No. 1258, Aug. 12, 2014) received a proposal from F, the holder of the E patent right, that he/she would want to participate in the B third party allocation. Around June 2008, he/she borrowed approximately 4 billion stock from 10 stock companies as security and lent 13 billion won to F, and F was allocated KRW 900,000,000,000 won borrowed from D as the capital increase and was allocated to B under the name of H and H.

Since then, D has to pay 100 million won per month as interest for 13 billion won borrowed from the securities company, and around December 201, D tried to sell B shares owned by the securities company with pressure to repay principal and interest, such as the principal and interest up to 15 billion won, and to raise funds for repayment of principal and interest.

At the time, B's share price was formed 5,00 won per share, and D intended to sell 20 billion shares owned by it. Since the share price was 15 billion won or more per share price in order to fully repay the principal and interest amounting to 15 billion won, the share price was 15 billion won or more per share price was able to arrange for market price management experts, or had experience in implementing B's share price manipulation around 2005.

B The Minister of Finance and Economy I (the imprisonment of February 7, 2014, 1 year and 6 months, and 3 years of suspended execution.

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