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(영문) 서울중앙지방법원 2017.01.20 2014고합108
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, for one year and six months, for defendant B, and for ten months, for each of the defendants C.

Defendant .

Reasons

Punishment of the crime

【Defendant A was sentenced to three years of imprisonment for a violation of the Commercial Act at the Seoul High Court on May 19, 201, and the judgment became final and conclusive on July 12, 201.

Defendant

B On September 27, 2010, the Seoul Central District Court sentenced one year and six months to a suspended sentence of two years for fraud, and the judgment became final and conclusive on July 14, 201. On August 19, 201, the Seoul High Court sentenced three years to imprisonment for a violation of the Commercial Act, etc., and the judgment became final and conclusive on November 10, 201, and on November 2, 2012, the Seoul High Court sentenced two years and six months of a suspended sentence to a violation of the Financial Investment Services and Capital Markets Act.

【Status, etc. of the Defendants】 Defendant A is a general investor who was in charge of U’s capital management, etc. while working as U’s director from March 31, 2010 to August 17, 201, and Defendant B is a general investor who was in charge of U’s capital management, etc. from March 31, 2010 to August 12, 201. Defendant C is a general investor who was in charge of U’s capital management, etc. from March 31, 2010 to March 24, 2010.

【Criminal facts】 2014 Gohap 108】

1. Violation of the Financial Investment Services and Capital Markets Act following the Defendants’ control of market prices;

A. Defendant C, at the time of Defendant B’s operation of Defendant B’s stateV, knew of Defendant B, from around 2003 to around March 9, 2010, knew that Defendant B acquired U’s management right from Defendant B, etc. immediately after having heard that Defendant B, etc. take over U’s management right, Defendant C continuously sold U shares from March 10 to March 24, 2010 and repeatedly sold U shares from March 10 to March 24, 201.

Defendant

A and B acquired U on February 2010 through the most advanced payment for the capital part of W and X, and received new shares from U on March 30, 2010 (the date of issuance of new shares March 31, 2010) by making the most advanced payment of KRW 17 billion from the capital increase for a third party allocated.

The Defendants are 1.4 million U.S. shares held by Defendant C.

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