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(영문) 서울중앙지방법원 2013.12.26 2013고단6483
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 100 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a corporate bond company that runs credit business, loan brokerage business, etc. in the name of “F” in Seoul Jung-gu E building 803.

On June 5, 2012, G Co., Ltd., a funeral on the KOSDAQ, was established on May 20, 1973, and was listed on the KOSDAQ on October 18, 2005. The Defendant, as an enterprise that produces electronic materials, such as mobile phone OED-related materials, such as DNA-related materials and DNA films, and co-rating materials necessary for mobile phones, had been engaged in sales equivalent to KRW 170 billion as of 201, and KRW 5.9 billion as of September 18, 2012, but was suspended from transactions due to the occurrence of bankruptcy on September 18, 2012.

9. During the period from September 28, 200 to 200, reorganization trading was conducted and the final delisting became final.

(hereinafter referred to as “G”) to H, the representative director of H, provided KRW 2.8% of the G shares owned by G as collateral and lent KRW 6.5 billion per year at the interest rate of KRW 2.8% per month, and around July 20, 2012, the loan period of KRW 1.8% of the stocks of G was provided as collateral and the loan period was KRW 1.8 billion per year at the interest rate of KRW 2.8% per month, and around September 6, 2012, a part of the principal amount of KRW 8.3 billion was repaid from H and the principal amount was paid in KRW 5.7 billion per month.

As above, the Defendant loaned KRW 8.3 billion to H and agreed that if the collateral ratio is close to 125%, the obligor should provide additional security, and if the additional security is not available, the obligor would not raise any objection against the obligor even if the shares offered as security are sold at will.

On the other hand, in order to raise funds to be lent to the above H, the Defendant offered the above G stocks as collateral to the bond company (the money company) in the first month as listed below, and received each loan at the interest rate of 2.2-2.5% per month during the first month and 2.0% per month from the following month.

J 1,1150,846 note J 3,846 and K 2 in the name of J and S.

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