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(영문) 서울남부지방법원 2018.12.20 2015고합145
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for four years and for three years, respectively.

Defendant

A 162,900,000 won.

Reasons

Punishment of the crime

To the extent that the prosecutor does not disadvantage the defendants' defense right, part of the facts charged were corrected or revised according to the facts obtained through the examination of evidence without the amendment process.

[criminal history] Defendant B was sentenced to the imprisonment of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on February 21, 2012 and the said judgment was finalized on October 11, 2012. On April 22, 2016, the Seoul High Court issued the Financial Investment Services and Capital Markets Act (hereinafter referred to as the "Capital Market Act") as the "Capital Market Act" and the violation of the said Act is deemed to be the "violation of the Capital Market Act".

On August 29, 2016, the suspended sentence of three years was sentenced to four years of imprisonment, and the above judgment became final and conclusive.

[Status of Defendants and related persons] Defendant A acquired K around March 2008, and appointed L as representative director and actually operated the company. On August 201, 2011, Defendant A abolished the listing as the detection of violation of accounting standards by the LAC as the disclosure of violation of accounting standards, and the Defendant changed Defendant’s wife N as representative director on April 201, 201, and appointed Defendant Defendant’s wife N as representative director, and Defendant actually operated the company.

( 이하 사명 변경 전후를 통틀어 ‘C’ 라 한다) 의 회장 겸 실질 사주이고, 피고인 B은 ㈜D ㈜D 의 사명은 여러 차례 변경되는 과정을 거쳤는데, 2008. 9. ㈜O에서 ㈜P 로 사명이 변경되었고, 2009. 5. 경 B은 ㈜P 을 인수한 후 사명을 ㈜Q으로 변경하였으며, 2010. 1. 경 ㈜D 로 사명을 변경하였다.

On January 5, 2013, the above company was abolished on the grounds of business losses.

(hereinafter referred to as "D") all the representative directors and actual private shares of the Corporation (hereinafter referred to as "D") before and after the change in the mission.

E is sentenced to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court on November 20, 2014 due to the operation of the instant market price, for three years and the collection of additional charges.

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