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(영문) 서울중앙지방법원 2015.01.30 2014고합985
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

1. Defendant A

(a) The punishment of the accused shall be two years of imprisonment;

(b) provided, however, that this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. On March 2002, Defendant A entered the victim Q Q Co., Ltd. (hereinafter “P”), a subsidiary of P, and served as the head of the investment team until June 2012, and was in charge of the purchase and sale of unlisted stocks, etc.

Defendant

B From August 2008, R&A is in charge of trading of unlisted stocks while working for R&A as a business of asset management, etc. from around August 2008, and B is an ex post facto distribution of society known from around 2001.

Defendant

C is in charge of trading of unlisted stocks while serving as the head of S Co., Ltd., the purpose business of which is financial service business from September 2009 to August 2012. From around September 2009, A was known to the public due to trading of unlisted stocks from around 2009.

Defendant

D As a director of T Co., Ltd. (hereinafter “T”) from September 2009 to August 2012, 2012, D is a space between Defendant A and 2002 and Defendant A, known to the university’s post transfer.

2. The shares of U (U) Co., Ltd. (hereinafter “U”) holding 6,136 shares of Defendant A and Defendant B were traded in KRW 13,300 per share at 38 communications, etc., a trading site of unlisted stocks, around April 1, 2010.

On March 2010, the Defendants sought a buyer of U shares and sold the said shares at the low price of KRW 10,000 per share to Defendant B, and Defendant B agreed to distribute profits by realizing profits at the market price by selling them at the actual buyer.

Defendant

B accordingly agreed to sell 6,136 U shares to C at KRW 12,00 per share.

Defendant

A sells shares at a high price, such as confirming the fair value of shares through the trading site of unlisted shares, when selling shares of a non-listed corporation owned by Q.

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