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(영문) 서울중앙지방법원 2016.07.07 2013고합554
자본시장과금융투자업에관한법률위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for five years.

1,917,597,455 won shall be additionally collected from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

1. From January 201, Defendant A was a corporation listed in the KOSDAQ along with Z from around January 7, 201, and actually operated the AA (former trade name: AB; hereinafter “AA”) which was abolished as of August 7, 2013, and on May 18, 2012, the Seoul High Court sentenced Defendant A to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (i.e., breach of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and confirmed the above punishment on August 30, 2012.

Defendant

B was the vice president of AA and the representative director of AC (hereinafter “AC”) of AED master company from April 24, 2009 to December 2, 201, and on May 18, 2012, the Seoul High Court sentenced AAA to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and confirmed on June 22, 2012.

C was an internal director of AE from February 18, 201 to March 31, 2014. AE is a person who, on August 27, 2009, is an internal director of AE (hereinafter referred to as “AE”) who is a developing company of pre-permanent cancer and extractr cancer treatment chemicals, and serves as a representative director from April 12, 2010 to March 31, 201.

D is a person who has continuously raised bonds to Defendant A and Z.

Defendant

E was the representative director of E, and on February 14, 2014, the Seoul Central District Court sentenced 1 year and six years of suspension of execution to imprisonment with prison labor due to occupational breach of trust, etc., and the sentence on August 21, 2014 became final and conclusive.

"2013 Gohap 554"

2. Violation of the Financial Investment Services and Capital Markets Act due to the primary unfair trading (joint crime of ABZ).

A. On August 18, 2010, Defendant A, including Defendant A’s motive of crime and consecutive public offering relationship 1), entered into a contract for acquisition of shares and management rights of Defendant A, etc., and entered into a contract for acquisition of shares of KRW 5940,00 (12.6% out of the total shares), and management rights of KRW 12.4 billion from Z on August 18, 2010, under the name of Company AF (AG Co., Ltd., Ltd., and hereinafter “AF”).

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