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(영문) 서울남부지방법원 2018.03.14 2017고단4463
자본시장과금융투자업에관한법률위반
Text

Defendant

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

However, Defendant E.

Reasons

Punishment of the crime

【Defendant A was sentenced to eight months of imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on June 16, 2015, and the said judgment became final and conclusive on October 22, 2015. Defendant F was sentenced to two months of imprisonment with labor for a violation of the Narcotics Control Act at the Suwon District Court on October 11, 2012 and eight months of imprisonment with labor for a violation of the said Act at the Southern District Court of Seoul Southern District Court on March 25, 2013.

Defendant D is the former representative director of R Co., Ltd. (hereinafter “R”), Defendant A is the former vice president of R, and Defendant A is the former vice president of R, and S is the market price controller.

Defendant

D Co., Ltd., which was the largest shareholder of R on August 26, 2011, entered into a contract for change of management rights with R, which was registered as a joint representative director of R on October 7, 201, and on December 13, 2011, acquired shares 2,421,608 owned by R, which was the largest shareholder of R, thereby exercising substantial power of representation as a major shareholder of R's representative director.

Defendant

D As above, in the process of acquiring R, borrowed KRW 2 billion from the bond holders as collateral. Since then, on December 22, 2011, 201 for the purpose of improving the R’s financial structure, D issued convertible bonds worth KRW 4.1 billion, and issued bonds with the preemptive rights equivalent to KRW 2.8 billion on April 23, 2012, issued new bonds with the preemptive rights equivalent to KRW 2.0 billion on February 13, 2013, and issued new bonds with the preemptive rights equivalent to KRW 4.0 billion on May 21, 2013, and issued new bonds with the preemptive rights equivalent to KRW 3.4 billion on June 201, 2013, KRW 1.4 billion on June 21, 2013.

2.5. or 1,175 won per share;

For the prevention of the opposing trading of shares offered as security, and the redemption of R's debt and success in the increase of paid capital, the R's share price should be increased.

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