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Defendant
A Imprisonment for eight months, each of the defendants B, C, and D shall be punished by imprisonment for six months.
provided that this ruling has become final and conclusive.
Reasons
Criminal facts
1. On August 25, 201, Defendant A was sentenced to a suspended sentence of two years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court on October 10, 201, and the judgment became final and conclusive on January 20, 2012. On November 14, 2013, Defendant A was sentenced to a suspended sentence of five years for a violation of the Financial Investment Services and Capital Markets Act and the Securities and Exchange Act for a violation of the said Act. The judgment became final and conclusive on November 22, 2013.
Defendant
B On May 26, 2015, the Seoul Southern District Court was sentenced to two years of imprisonment for a violation of the Financial Investment Services and Capital Markets Act, and the judgment became final and conclusive on June 3, 2015.
Defendant
C On September 26, 2013, the Seoul Central District Court sentenced two years of imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court, and the judgment becomes final and conclusive on October 5, 2013, and on February 5, 2014, two years of suspension of execution for eight months of imprisonment with prison labor for the same crime at the Suwon District Court and the judgment is rendered for the same year.
2. On November 27, 2014, the Seoul Central District Court sentenced three years of suspension of execution to one year and six months of imprisonment for the same crime, and the judgment became final and conclusive on December 5, 2014.
Defendant
D On July 25, 2013, the Seoul Central District Court sentenced 1 year of suspended sentence to a violation of the Financial Investment Services and Capital Markets Act, which became final and conclusive on August 3, 2013.
2. On December 5, 2008, H Co., Ltd. merged Company I, a listed company, and changed its trade name to J Co., Ltd. (hereinafter “J”), and the largest shareholder of J after the merger became K (the largest shareholder holding 49.35%) holding 49.35%.
During the above merger process, J was holding 1,064 million treasury shares, L was holding 5,340,00 J shares. While J intended to sell the above J shares held above and L shares to institutional investors, it was merely 27,594 shares per day on average.