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(영문) 수원지방법원 안양지원 2012.11.23 2012고합135 (1)
자본시장과금융투자업에관한법률위반등
Text

Defendant

A 5 years of imprisonment, 4 years of imprisonment for Defendant B, 3 years of imprisonment for Defendant C, 2 years of imprisonment for Defendant P.

Reasons

Punishment of the crime

Defendant

C On July 8, 2010, the Daegu District Court sentenced 4 months of imprisonment with prison labor and 1 year of suspended execution to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, which became final and conclusive on May 13, 201.

[Basic Facts] Defendant A is the representative director of L Co., Ltd. (hereinafter referred to as “L”), Defendant P’s managing director, Defendant B’s actual operator of L Co., Ltd. (hereinafter referred to as “AG”) in Gangnam-gu Seoul Metropolitan Government AFtel 508, Defendant C was the operator of the share office without any trade name in heading 201 and 413 of the same officetel, Defendant E, and Defendant Q were the subordinate salespersons of Defendant C.

L, the purpose of which is to manufacture and sell coffees, and since its establishment, there was no device manufactured in addition to the prototypes until now, and no mass production facility was installed. L's capital was made in the amount of 2.75 million won out of L's capital 3 billion won, and based on the false financial statements, it was in a state of capital erosion from around 2008, and therefore it is only short of the requirements for listing on the KOSDAQ, and the business outlook is uncertain and it was impossible to list bypass because the financial structure is weak.

Defendant

A and Defendant P had offered capital increase in order to overcome L's financial difficulties, and had the awareness that L's stocks are listed on the KOSDAQ through AG, thereby raising the market price of L's stocks so as to sell L's stocks at a high price.

In addition, from the beginning of May 2009, Defendant B operated each of the above offices from around May 2009, Defendant C, who was a subordinate salesperson, was aware that Defendant B was listed in LV with Defendant E, Defendant Qa and other sales clerks as subordinate salespersons, and was willing to sell the above shares.

【Criminal Facts】

1. The Defendants’ co-principal

(a) Anyone who violates the Financial Investment Services and Capital Markets Act;

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