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(영문) 서울남부지방법원 2016.01.21 2015고합275
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor for two years, for a crime set forth in the judgment of the defendant B, for two years, and for a crime set forth in the judgment of the court below.

Reasons

Punishment of the crime

A prosecutor submitted a written application for permission to amend an indictment on September 14, 2015, 2015, 275, and 293 cases, but the summary of the written application for permission to amend an indictment was not stated on the trial date of this case.

[criminal records] Defendant A was sentenced to six months of imprisonment with prison labor from the Suwon Flag method Board on September 25, 2014, and the judgment became final and conclusive on October 3, 2014. On April 29, 2015, Defendant A was sentenced to one year of suspension of execution for six months of imprisonment with prison labor from the Suwon Flag method Board to the crime of fraud, and the judgment became final and conclusive on May 7, 2015.

Defendant

B On February 17, 2009, the Busan District Court was sentenced to 1 year and 6 months of imprisonment and 2 years of suspended execution on the 25th of the same month due to the violation of the Securities Transaction Act in the Busan District Court's Dong Branch.

1. "2015, 275, 293";

A. The N Co., Ltd. (hereinafter “N”) recorded the net loss for three consecutive years as of June 2010, and conducted capital increase at a cost in the amount of KRW 12.6 billion on December 28, 2010 (the issue price of KRW 1,400, the issue price of new shares, and KRW 9 million on the issue number of new shares) in order to prevent the abolition of the list by improving the N’s financial structure with an unsound state of capital erosion (21.4%).

The Defendants, in the process of capital increase for consideration with O, P, etc., renounced the capital increase and caused the forfeited stocks of approximately KRW 5270,000 due to the waiver of the paid-in capital increase, raised funds, thereby success in the capital increase for the forfeited stocks equivalent to approximately KRW 5.27 million in total of the paid-in capital increase, and continued to increase the share price through market price manipulation, and held them in advance with the above forfeited stocks.

N's disposal of N's stocks to acquire marginal profits from market price.

Accordingly, Defendant C and P deliver a total of KRW 300 million for market price manipulation costs twice, and Defendant B, A, and D have distributed the above KRW 300 million to P, etc. and have raised the above KRW 300 million through the surrounding land.

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