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(영문) 서울중앙지방법원 2013.12.13 2011고합1372
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and Defendant C Co., Ltd. shall be punished by a fine of 100,000,000 won, and Defendant D shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

1. Defendant A - Defendant A who violated the Financial Investment Services and Capital Markets Act due to unfair solicitation has been working as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”) from September 199 to September 1, 199 and has overall control over C’s business.

Meanwhile, from around 2007, Defendant A was commissioned as a member of the Fund Management Committee of the H Scholarship Foundation (hereinafter “H Scholarship Foundation”), and from April 2010, Defendant A was commissioned as a member of the Fund Management Advisory Committee of the school foundation I University (hereinafter “I”) from around April 201.

No financial investment business entity shall provide a conclusive judgment on an uncertain matter in making an investment recommendation, or inform information that is likely to mislead, causing an uncertain matter to be certain.

Nevertheless, Defendant A’s investment in the preferred share issued by E Savings Bank Co., Ltd. (hereinafter “E Savings Bank”)

A. On April 28, 2010, the first meeting of the Fund Operation Advisory Committee on Fund Management (hereinafter “the first meeting of the Fund Operation Advisory Committee”) held at the meeting room of the first president around 10:30 on April 28, 2010.

(2) On May 27, 2010, the term “the risk of investment to be made at a prior level, if any, would make such proposal to the Scholarship Foundation,” and “the safe investment in which there is no problem at all,” while soliciting the head of the headquarters of the headquarters of the C Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul to invest in the preferred share issued by the E Savings Bank at the C Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul.

B. For H Scholarship Foundation, around April 6, 2010, around 07:30 on April 6, 2010, meetings of the Second Fund Management Committee of the H Scholarship Foundation held in XY hotel 20, Jung-gu, Seoul (hereinafter “the Second Fund Management Committee meetings”) in 2010.

In this regard, it is necessary for the government to set up the allowances excessively.

On the other hand, the lower is the same as the priority for repayment conversion.

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