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(영문) 서울중앙지방법원 2017.08.24 2017고단1843
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Ground of the case] D is a person who is in the position of the former representative director of the Dispute Resolution E and actually operates the Dispute Resolution E, and the defendant is the representative director of the F in the Dispute Resolution Fund, and G is a person in charge of mediating D and A.

D As the management issues have been faced with the designated issues such as the net loss of the year 2007 and the net loss of the year 2008, about 35.7 billion won, the D had the intention to increase the capital for a third party on the pretext of raising the corporate acquisition fund, under the pretext of raising the most paid-in capital.

[Detailed Criminal Facts]

1. No one shall use any unfair means, scheme, or trick in connection with trading or any other transaction of financial investment instruments;

D Around February 2009, G requested that "a third party's capital increase is to be conducted on the basis of the most paid-in capital increase, and a company and a bond company that will participate in it shall give part of the new shares issued by the above paid-in capital increase in consideration of the request." Around March 2009, the defendant and the representative director of the F Resolution Co., Ltd., who are the representative director of the F Resolution Co., Ltd., will cooperate with G Co., Ltd. in order to increase the capital for a third party's capital in an amount of about 15 billion won on the pretext of raising funds to acquire the F Resolution Co., Ltd., and therefore, it is not possible to pay the increased capital in consideration of the acquisition.

“The request was made”.

The Defendant, together with D and G, opened 28 subscription payment accounts in the name of the next company in holding the “the capital increase for a third party in the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund.” On April 30, 2009, the Defendant paid the subscription amount of KRW 14,99,99,820 borrowed from the bond company at the branch office south of the Seocho-gu Busan Busan Bank, Seocho-gu, Seoul to issue new shares after receiving the issuance of new shares by paying the subscription amount of KRW 12,00,000,079,000 out of the paid-in capital increase, which is a shareholder of the Fund for the Fund for the Fund for the Settlement of the Fund for the Fund for the Fund for the Fund for the Fund for the Fund for the Fund, and

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