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(영문) 서울중앙지방법원 2015.02.03 2014고단3518
자본시장과금융투자업에관한법률위반등
Text

Defendant

A shall be punished by imprisonment for three years.

167,900,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant

F is a person who was sentenced to one year and six months of imprisonment at the Seoul District Court on April 16, 1998 with prison labor for the crime of forging private documents. On May 16, 2007, the Seoul High Court sentenced two years of suspension of execution to one year and six months of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On August 28, 2007, the Seoul Central District Court sentenced two years of imprisonment with prison labor at the Seoul Central District Court on August 28, 2007 and completed the execution of the sentence in Seoul Detention District on January 29, 2009; a person who is engaged in business related to M&A (merger and merger); and the defendant A is a person who is engaged in

1. The Defendants committed a violation of the Financial Investment Services and Capital Markets Act, along with G (G; hereinafter “G”)’s representative and bond company I, which is the most old company that is the French-type investment company. The fact is that an individual provided bonds to the company, thereby attempting to realize profits from sales of the acquired stocks by securing the right of management by providing the share price by means of false public disclosure as if he/she took over the shares and the right of management of J (hereinafter “J”).

Accordingly, on March 2, 2010, Defendant F and the subject of the above G representative H serve as G, but the subject of the underwriting contract and the subject of the acquisition contract play a general role in overall management of the underwriting contract, such as preparing a written agreement on the part of Defendant F (H in terms of commission, payment of KRW 360 million) on the part of the content that Defendant F would have to obtain acquisition fund, and Defendant A plays a role in raising acquisition fund from I as security of acquired stocks, selling acquired stocks, etc., and H entered into a contract on March 9, 2010 on the part of the above G, while spreading false public notice and false information as if G actually takes over, and I received the entire amount of stocks acquired from Defendant F as security immediately.

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