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(영문) 서울남부지방법원 2016.05.27 2015고합501
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendant

A A shall be punished by a fine of 20,000,000 won and by imprisonment of 1 year for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

M Co., Ltd. (hereinafter “M”) was established on August 8, 1979 and listed on the KOSDAQ market on February 2, 2005, and is an information and communications network building company, and P Co., Ltd. (hereinafter “N”) and P Co., Ltd. (hereinafter “N”) holding 11,381,503 shares out of the shares issued by M around April 2014.

N, after investing in M&A in 2010, M&A was held by receiving M stocks as a substitute because it did not recover the investment amount. However, due to the influence of construction competitions, M's financial situation has deteriorated, M's operating funds were provided several times in M.

M's financial status has not been improved due to the continuous competition, etc., and due to this, the operation fund has been subsidized.

N's financial status has rapidly deteriorated.

N At the time of around April 2014, 2014

M Shares 11,381,503 Shares were determined to be sold in full, and Q as a person in charge of the affairs designated N CFO. Since 201, M has continuously decreased sales since 201, since 2011 and 2012, it was difficult for M to sell the entire shares of 10,000,000 shares in excess of 10,000 shares since the occurrence of large-scale deficit of 41.8 billion won in total since 2014.

Accordingly, Q introduced S, which is an executive officer of R, asked for the method of selling the stocks held by N., and S, considering the market situation, is more stable when S sells the stocks in the form of a securities company, insurance company, asset management company, investment trust company, financial company, securities company, insurance company, closing company, mutual savings bank, asset management company, etc., which is defined in Article 2 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and other large-scale investment companies, such as a financial company, etc., and a corporate investor who makes a large-scale investment such as the annual fund, etc.

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