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(영문) 서울남부지방법원 2018.03.20 2017고단6193
자본시장과금융투자업에관한법률위반
Text

1. The defendant shall be punished by a fine of thirty million won;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

[criminal history] On June 19, 2014, the Defendant was sentenced to two years and six months of imprisonment and fine of two hundred million won for a violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court, and the judgment was finalized on October 15, 2014. On January 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern Southern District Court for the same crime, and the judgment became final and conclusive on June 24, 2016.

[Factual Facts] D Co., Ltd. E (hereinafter “E”)

The former representative director of the E, the F is an expert in charge of controlling the market price of the interest of the former vice-chairperson of E, and the defendant is an expert in charge of market

D On August 26, 2011, the parties entered into a contract for change of management rights with (State)G and E on October 7, 201, registered as the joint representative director of E on December 13, 201, and acquired shares 2,421,608 owned by E, the largest shareholder of E on December 13, 201, thereby exercising the substantial power of representation as the interest of the representative director of E.

[The motive and public offering to operate the market price] D borrowed KRW 2 billion from the bonds company as collateral in the process of acquiring E’s shares of KRW 1.4 billion, and thereafter issued convertible bonds equivalent to KRW 4.1 billion on December 22, 2011 for the purpose of improving the financial structure of E; issued new bonds equivalent to KRW 2.8 billion on April 23, 2012; issued new bonds equivalent to KRW 3 billion on February 13, 2013; issued new bonds with KRW 4.4 billion on May 21, 2013; issued new bonds with KRW 1.4 billion on June 201, 2013; issued new bonds with KRW 4.4 billion on June 25, 2013; issued new bonds with KRW 1.4 billion on June 31, 2013; and issued new bonds with KRW 4.4 billion on June 25, 2013.

2.5. or 1,175 won per share;

In relation, there was a need to increase the E's share price for preventing the opposite trading of stocks offered as security, and for repayment of debt and success in paid-in capital increase.

D Accordingly, the price for market price is created, and F is the defendant, the defendant, the defendant, and the defendant.

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