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(영문) 광주지방법원 2017.05.11 2016고단2425
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 17, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Labor Standards Act at the Gwangju District Court, and the judgment became final and conclusive on October 25, 2012.

From August 27, 2008 to March 30, 201, the Defendant operated the business of solar power generation system and the business of relay supply of LED products by private private investors listed in KOSDAQ (disponment of listing on April 29, 2011; hereinafter “D”).

No one shall intend to obtain money or any interest in property by using a document containing a false description or representation of a material fact, or an omission of a description or representation of a material fact necessary for preventing others from being misled, or any other description or representation, in connection with the trading and other transactions of financial investment instruments.

D Based on the government's new renewable energy support policies, construction competitions, and financial and economic financing (PF) loans made by banks, while continuing to expand the appearance of solar power plants construction projects, it is difficult for the government to raise PF funds due to construction competitions following the global financial crisis in the second half of 2008, and the government subsidies have been reduced due to the government's new renewable energy policy changes, which led to serious financial liquidity crisis due to the increase in net losses and construction amounts.

Although the surrounding environment has deteriorated, the Defendant raised approximately KRW 22.6 billion by making a large-scale capital increase in order to raise funds necessary for the construction of electric power plants and the purchase of raw materials (the first generation of KRW 10.1 billion, March 9, 2009, and the second generation of KRW 12.5 billion, August 27, 2009), but the share price has a negative impact on the share price, thereby falling into KRW 1,000 after September 209.

The defendant plans to increase the capital for the third time, but it was not easy to raise funds due to the decline in D's stock price.

Accordingly, the defendant has many investors.

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