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(영문) 서울중앙지방법원 2013.12.26 2013고합1194
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

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

20 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 24, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on June 11, 201.

Around June 28, 2008, F Co., Ltd. E (hereinafter “E”) and the Chairperson (hereinafter “E”) wanted to participate in E’s allocation by a third party from G, a holder of a multi-use system patent right, and borrowed approximately 13 billion won of its own stocks to G as security and lent 13 billion won of its own stocks to G. G paid 13 billion won borrowed from F as the capital increase and was allocated 90,000 shares under H and E I’s name.

Since then, F has to pay KRW 100,000 per month as interest for 13 billion won borrowed from the securities company, and around June to July 201, F attempted to provide funds for the repayment of principal and interest by selling E shares owned by E by oneself by artificially supporting the pressure on the repayment of principal and interest, such as the principal and interest up to 15 billion won.

F, around June 201 to July 201, when the E’s share price was supported by the E’s share price, the E’s financial investment business entity, such as banks, insurance companies, and securities companies, requested the J to inquire into the manner that the share price would be wrong if the investors, such as banks, insurance companies, and securities companies, purchase E’s shares. On August 201, 201, the J requested the Defendant, who was known to the early police officer, to purchase the E’s shares through K and L, that the institutional investors could purchase the E’s shares in the place.

In the process, the Defendant requested a person in charge of investment in stocks of an institution, such as a bank, insurance company, and securities company, to purchase E shares, and requested the J to purchase KRW 500,000 on the condition that he/she purchases KRW 300,000,00,000. The J reported such terms and conditions of the Defendant’s presentation to F to receive monetary support.

In addition, the defendant is against M, a securities company employee, who was known to the general public.

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