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(영문) 서울중앙지방법원 2018.05.29 2018고단178
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for a term of two years and by a fine of forty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is the representative director of Gangwon-si B building in Gangwon-si and D, and E (Suspension of Prosecution) is a person who opened a F, etc. and posted an advertisement related to over-the-counter stocks and sells over-the-counter stocks to the members on the Internet.

1. Around April 2016, the Defendant: (a) requested the sale of stocks and investment attraction experts at H stores located in Gangnam-gu Seoul Metropolitan Government for the purchase of stocks of D; and (b) accepted 80% of the sales proceeds under the condition that E receives 80% of the sales proceeds.

Defendant and E sold (State) D’s shares, and the Defendant bears the cost of advertising the Internet distribution, and takes charge of the role of receiving shares from the purchaser of the shares, and E conspired with the role of selling shares by posting false explanatory materials on the F’s bulletin board.

E, upon the above public offering, posted false corporate explanatory materials to the effect that “The F would be subject to the listing of technology special cases by obtaining the government-managed patent,” with the content that “the F would have made a large amount of money by investing in the stocks outside the country as stated in the I.S.).”

In addition, on June 17, 2016, E calls to the J that joined the F and “(State) shares are worth 7,000 won.”

If money is integrated for a year, B may enter a preliminary examination for technology special cases, and be listed for technology special cases during the first half of 2017.

When listing only, 3 times profits can be seen as less.

The phrase “ makes a false statement.”

However, in fact, the Defendant was only a vague plan to list (ju) D through a patent for a disturbance, but was not actually a patent or a listing procedure, and thus, it was not possible to earn such profit.

The Defendant, at the end of the foregoing false statement in E, shall put into the J (State) the shares 4,000 shares.

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