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(영문) 서울남부지방법원 2017.10.13 2015고합262
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for a term of five years and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is the vice-chairperson of L Co., Ltd. (hereinafter “L”) established to take over K Co., Ltd. listed on KOSDAQ (hereinafter “K”) as the largest shareholder of L Co., Ltd. (hereinafter “L”).

M is an uncapital M&A expert, and N is a L's representative director from December 2, 201 to September 7, 2012 on the ground of the wife, and K was a director from December 7, 2011 to September 7, 2012, and P was a director from October 11, 201 to December 2, 201, and was working as the L's representative director from October 11, 201 to December 2, 201.

While the Defendant prepared for K acquisition from around August 201 with M, N, P, etc., on or around September 27, 201, he paid 2 billion won to the existing largest shareholder and bond group of K in L in the name of Sep. 27, 201 and paid 83.8% of the shares of management (the total number of shares issued 31,002,000 ± the total number of shares issued ± 36,982,001 x 100) and the total number of shares issued x 24.7 billion won. On or around October 18, 2011, the Defendant, upon entering into a management right agreement with the above contents, paid 2 billion won as the down payment, and acquired 2 billion won as a collateral for the management right from the bond company, etc. and paid 83.8% of the total amount of shares and the outstanding shares after taking over 27 billion won around December 27, 2011.

On the other hand, the Defendant, along with M, received a smooth loan by raising the collateral value of stocks to be provided to bond companies, etc. by supporting the above share price in the process of management water supply, or received a loan from bond companies, etc., or offered as security to bond companies, etc. as security due to a decline in the future price, with intent to artificially manage the share price of the K-stock in order to acquire profits from the market price by disposing of the shares held at a higher price. On October 201, 201, the Defendant directly controlled the market price by using the modern securities account, etc. in Q Q from the Denish on the market price or by using R, S, T, U, V, etc. during the period of November 2011.

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