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(영문) 서울서부지방법원 2014.02.06 2013고합184
자본시장과금융투자업에관한법률위반등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B as the chairperson of L Group, a parent company M is substantially involved in the operation of N Co., Ltd., which owns 46.29% of shares, and Defendant A is a representative director of N, who is engaged in securities business, etc. using 206 full-time workers.

O is the N's team leader of the personnel affairs as a person who acts for the employer while engaging in affairs such as personnel, labor, and general affairs. P is the N's team leader of the finance, who acts for the employer while engaging in affairs such as funds, accounts, and accounting. Q is the representative director of R, a corporation holding 95% of the shares of M.

Meanwhile, R Co., Ltd. was an affiliated company of L Group until 2003. Since then, L Co., Ltd. was an affiliated company of L Group with L Group, it is a company with special business relations, such as borrowing funds, and it is the owner of Seodaemun-gu Seoul Western Building, which is leased by affiliated companies of L Group including N Co., Ltd. at the time of lease or monthly, taking charge of personnel affairs and labor-related affairs of the above L Group’s affiliates in the form of outsourcing.

From February 201 to March 2012, N Co., Ltd. conducted negotiations several times between labor and management to conclude a wage agreement and a collective agreement, but thereafter applied for mediation by the Seoul Regional Labor Relations Commission. However, on March 29, 2012, the final displayed on March 29, 2012, and the N branch of the Korea Office of Finance Services Trade Union decided to conduct industrial actions on April 9, 2012 and then started from April 23, 2012.

1. Violation of the Financial Investment Services and Capital Markets Act;

A. Defendant B 1 Co., Ltd. is a major shareholder who owns 46.29% of the shares of N, a financial investment business entity, and a financial investment business entity is prohibited from extending credit to a major shareholder, and even if a major shareholder does not receive credit from the financial investment business entity, the Defendant is six affiliate companies, such as M, N, T, and U.

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