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(영문) 서울중앙지방법원 2016.09.22 2014고단3518 (1)
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment for three years.

167,900,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 16, 1998, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of forging private documents at the Seoul District Court, and on May 16, 2007, the Seoul High Court sentenced one year and six months of suspension of execution to one year and six months of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and on August 28, 2007, the Seoul Central District Court sentenced two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and on January 29, 2009, was sentenced to two years of completion of the execution of the sentence, and was engaged in business related to M&A (acquisition and merger); and M is engaged in business M&A (acquisition and merger); and

1. The Defendants committed a violation of the Financial Investment Services and Capital Markets Act with the representativeO of N (N, hereinafter “N”) and bond company P, which is the most old company that is a French-based investment company. The facts are as follows: (a) an individual mobilized bonds to realize sales profits of shares acquired by securing Q by providing a false public notice as to Q’s acquisition of shares and management rights; (b) an individual provided Q Q’s acquisition of shares and management rights; and (c) thereby seeking to realize Q sales profits by securing Q management rights.

Accordingly, on March 2, 2010, the Defendant: (a) entered into a contract with the N representativeO on March 2, 2010 on which the subject of the underwriting contract is N; (b) the Defendant has a overall control over the overall underwriting contract, such as preparing a written agreement (O an agreement to pay KRW 360 million as a fee) if the Defendant wants to acquire the acquisition fund, and (c) M plays a role in raising the acquisition fund from P as a security for acquiring stocks; and (d) selling the discounted stocks and the management right on March 9, 2010; (b) entered into a contract with P on the ground of N on March 9, 2010; and (c) spreads false disclosure and false facts as if N actually takes over; and (d) P obtained the entire stocks acquired from M as a security without delay.

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