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(영문) 서울중앙지방법원 2012.11.16 2012고합270
증권거래법위반등
Text

Defendant

A Imprisonment with prison labor for three years, for two years, for Defendant B, for one year and six months, for Defendant C, and for Defendant D.

Reasons

Criminal facts

【Defendant A was sentenced to a suspended sentence of two years on September 13, 2012 due to occupational embezzlement, etc. in the Gwangju District Court’s Net Branch on June 14, 2012, and the judgment became final and conclusive on September 13, 2012. Defendant A entered into an all-inclusive share swap contract with the representative director of AB (hereinafter “AB”) of AB (hereinafter “AB”) established for rubber plastic, synthetic resin manufacturing business, etc. and listed on the KOSDAQ around December 2002, around November 26, 2005 with the unlisted AC Co., Ltd. (hereinafter “AC”), an unlisted company (hereinafter “AB”), Inc. (hereinafter “AC”), a non-listed company (hereinafter “AB”), a 100% of its shares, and sold ABD stocks to AB and 2500 billion won, around February 206, 2009; and thereafter, ABD and 250 billion won (hereinafter “AB”).

(Evidence No. 4, No. 2425 of the Evidence No. 5 Book No. 4, attached to the Investigation Report by the Financial Supervisory Service on August 4, 2009). AB was practically operated, including a director of AB’s registration, from January 31, 201 due to the AB transfer problems, etc., even after the sale of the company.

Defendant

B, around August 2007, the Defendant’s proposal took office as a vice president (CFO, CFO) in charge of AB International R (Investment Organization, Public Relations and Explanations to Investors) and took charge of investment attraction and stock price management until March 2009.

Defendant

C worked as the representative director of AC from October 200 to April 201, 201, and controlled AC’s business.

Defendant

D On September 3, 2010, the Seoul Central District Court sentenced one year to imprisonment for a violation of the Securities and Exchange Act at the Seoul Central District Court, and on February 7, 201, which became final and conclusive on February 7, 201, is not registered as a foreign investment advisory company from May 2007.

As a general manager of Korea, it shall exercise overall control over investment projects of domestic KOSDAQ-listed companies.

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