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(영문) 서울남부지방법원 2015.01.28 2014고단3709
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment of two years and fine of thirty million won, Defendant B’s imprisonment of nine months, Defendant C’s imprisonment of six months, and Defendant C of six months.

Reasons

Punishment of the crime

1. The Defendants’ position and criminal history of the Defendants died on or around May 6, 2012, and Defendant A took over 320,000 shares of AM (33% out of all shares, hereinafter “AM”) with funds borrowed from the Defendant’s own funds and bond companies around June 2013. As the Defendants took over 320,000 shares of AMF (33% of all shares) with funds borrowed from the Defendant’s own funds and bond companies around June 2013, Defendant A took overall charge of the funding of AMF acquisition and operation funds pursuant to the direction of AL from around that time.

Defendant

D is a person who had been in charge of AM acquisition and funding management under the direction of AL and Defendant A, and has worked as a representative director of AM-subsidiary from August 20, 2012 to April 30, 2014.

Defendant

B On May 18, 2009, the Seoul High Court was sentenced to three years and six months of imprisonment for violating the Securities and Exchange Act and a fine of one billion won on January 19, 201.

Defendant

C On October 8, 2008, the Seoul Central District Court was sentenced to three years and six months of imprisonment for a violation of the Securities and Exchange Act, and was released on August 12, 201 during the execution of the above sentence and was released on October 9, 201.

2. In the event of crime, Defendant A, after acquiring AM, intended to avoid the opposite trade of the AM shares offered as security to the bond company or to recognize the market price of the AM shares in order to attract investment from the trop item pattern, as well as to avoid the opposite trade of the AM shares offered as security in the process of raising the AL acquisition fund.

3. Public offering relations;

A. On August 2012, Defendant A related to the AO military requested AO to purchase shares with a debt of KRW 450 million with a debt of KRW 450 million with a view to making it difficult for AM’s share price less than KRW 200,000, and the AO submitted an order of market price manipulation using a friendly relationship and a securities account of its persons after accepting the request.

Defendant

D d on 2012.

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