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(영문) 서울남부지방법원 2016.11.17 2016고합224
자본시장과금융투자업에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

Punishment of the crime

1. K Co., Ltd. (hereinafter “K”) is a corporation established in December 1985 and listed on the KOSDAQ market around July 1997, engaging in a business recycling metal and non-metallic materials.

L, in September 201, with M, was known to the general manager of K, acquired the preemptive right separated from the 6th bonds with warrants by the mediation of the defendant A, who is the regular manager of K, and sold the stocks acquired by exercising the preemptive right after raising the stock price due to the price manipulation, thereby raising profits from the market price and making payment for the exercise price of the preemptive right.

L transferred the above contents to Defendant B, who was aware of L, known to L, and asked to invite investors by stating to the effect that “K is 5:5, and the share price is me to manage the internal organ,” and Defendant B introduced Defendant C to L.

L refers to the purport that Defendant C met or “I do not know about who will do so, regardless of who will do so,” and Defendant C recruited N as an investor according to the foregoing L’s proposal.

As above, L, Defendant C, and C agreed to divide the remaining 55% of L, Defendant C, and A into the proportion of 4:4:2 in the event that an investor who is liable to pay the six-time exercise price of the right to purchase new stocks results in the price manipulation by K’s share price manipulation, excluding the share of N, the investor’s share.

On the other hand, L listened to the purport that "the company funds are necessary and the company's stock price is low," while conducting the work related to K's six times of the payment of the price for exercising the preemptive rights, L said L said L would offer investors to pay the company the stock price and manage the stock price with the Defendant around November 201."

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