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(영문) 서울남부지방법원 2016.08.10 2015고단2196
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Work E of Defendant A and related persons start with H in 1972 and run various business such as resource industry and manufacturing industry, steel industry, shipbuilding industry, information and communications industry, etc., the F Group’s affiliates are H (State), I (State), J (State), (State), K (State), K (State), M (State), N (State), (State), O (State), and (State) P. As the president of the F Group, G Co., Ltd., a corporation listed on KOSDAQ, owns its representative director from March 30, 2005 to March 28, 2013, and owns its shares as its representative director on July 1, 1996, G Co., Ltd., Ltd., a corporation listed on KOSDAQ, for the largest shareholder of Q. 37 shares as its representative director on July 30, 2005; Q. 97 shares as its representative director on May 4, 2017.

Defendant

A as a managing director of the R Accounting Corporation, was involved in the sale of G stocks and management rights held by affiliated companies of F Group upon delegation from E around January 2013.

S was in charge of G finance and accounting as the vice president of G from June 4, 2013 to March 31, 2014.

2. S, such as the background of the crime and the public invitation relationship S, acquired G’s management right on the ground of “U” [V], and entered into a contract for “management right and stock acquisition” with the Defendant, which is the main owner of G’s actual inspection around April 19, 2013 and the agent of the E and Dong. The transferee acquired the management right and stock at KRW 5 billion, and the transferee took over the 1,003,764 shares of the new shares issued by the transferor to subscribe to new shares from the transferor, and the transferee took over the 2 billion won of the debt to the affiliates of GF group and converted the remainder into a long-term loan.

Pursuant to the above contract, S, etc. provides the above-mentioned stocks of management rights by offering them as security until May 31, 2013.

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