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(영문) 서울남부지방법원 2018.01.25 2017고합251 (2)
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for seven years and by a fine of nine billion won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

F Co., Ltd. (former G, Gu H, hereinafter “F”) is a broadcasting and radio communication equipment company established in 1996 and registered in KOSDAQ in 199, and recorded at least 50% of the capital erosion rate on September 8, 2016, and whose listing is abolished on or after September 8, 2016.

I Co., Ltd. (hereinafter referred to as “I”) is an enterprise which, without any particular sales performance, mediates the location of the share holder (hereinafter referred to as “Cul”) related to the overseas business by the listing company, and is a company which, on Oct. 24, 2015, provided the support of the share holder by entering into a partnership with the F and China distribution business with respect to the global large enterprises located in China in the middle of China without the exclusive right to supply Korean goods. The Defendant is a person who was the actual owner of F from Jul. 24, 2015 to Jul. 24, 2015; K from Jul. 24, 2015 to Feb. 2016; L from Jul. 24, 2015 to Jul. 24, 2015 to Dec. 22, 2015.

M (one "N" and "O" are the actual owners of I, and have overall control over the operation of I's funds, etc. from around March 2015, and P (O's child) is the representative director of I, who was the F's representative director from around December 30, 2015 to September 2016, and was the former F's representative director from around March 9, 2015 to around September 2016, and performed the I's external representative duties in accordance with the direction of M andO.

1. The background of the crime and the Defendant, along with K and L, acquired a listed company on KOSDAQ by using an external loan, other than its own funds, from May 1 to June 2015, 2015, and then artificially raising the listed company’s share price acquired by using other unlisted funeral acquisition or new business expansion, etc. as materials to support the stock owner, and selling the acquired listed stocks at a high price, thereby acquiring economic benefits. K is to conduct the overall business of acquisition of non-capital, the Defendant is to raise the acquisition fund, and L is to invite the title holder and the representative director to take charge of the business affairs, and at the Gangnam-gu Seoul Metropolitan Government Qa building around June 10, 2015, the largest shareholder of the F is interest.

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