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(영문) 서울중앙지방법원 2014.11.18 2013고단7799
자본시장과금융투자업에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, as the former representative director of I Co., Ltd. (hereinafter referred to as "I Co., Ltd."), was responsible for overall management of the business of A Co., Ltd.

Defendant

B was in charge of investment consultation, etc. as a staff member of the J branch of the school guarantee zone.

Defendant

A around June 5, 2012, around 2012, offered 2,500,000 shares of an I company owned by ST (STM) A, a major shareholder of the I company, as security and borrowed 6,50,000,000 won per year at the loan rate of 2.8% per month.

Defendant

A around July 20, 2012, offered L with 100,000 shares of an I company as collateral and borrowed 1.8% interest rate per month, with the borrowing period of 1.8% per year.

Defendant

A around September 6, 2012, L has repaid part of the principal amount of KRW 8.3 billion to L around September 6, 2012, and the remaining loan amount was KRW 5.7 billion.

Defendant

A, as above, agreed that if the collateral ratio is close to 125% with respect to the shares of the I company offered as a security by borrowing L from L 8.3 billion won, A shall provide additional security to L, and if L fails to provide additional security, it shall sell the shares offered as security at will, even if L disposes of the shares offered as security (the opposite trade of one kind).

In order to raise funds to Defendant A, L borrowed money at an interest rate of 2.2-2-5% per month for the first month to the bond company in the same name, such as the list in the attached financing status, and from the following month, L offered the stocks of the I company offered as security by Defendant A by borrowing money at an interest rate of 2.0% per month from the next month.

However, on September 4, 2012, when the lower limit (2,170 won per share price, trading volume 656,520 shares) was reached on September 5, 2012 due to the occurrence of the failure to pay for M&A, a subsidiary company, and the stock price increase since the beginning of the beginning of the beginning of the week (1,570 won per share price, trading volume 1,845 won per share price, trading volume 86,117 shares).

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