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(영문) 서울중앙지방법원 2017.09.14 2017고단5299
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment of two years and fine of 30,000,000 won, Defendant B’s imprisonment of one year and six months and fine of 60,000,000 won.

Reasons

Punishment of the crime

(State)E is a company established for the purpose of overseas business of (State)F. Defendant A held (State) F’s shares of 161,500 shares and held (State) E’s inside directors, and Defendant B is a person who held office as an auditor of (State) E from March 29, 2016.

1. Violation of the Act on Fraud and Financial Investment Services and Capital Markets [Transactions by unlawful means, etc.] The Defendants introduced H as an expert in sales of over-the-counter stocks from H to H, and introduced the role of Defendant B to offer the bank account and securities account; Defendant B, out of the purchase price of KRW 5,00,00, H38,000 and 10,000, the company, “J”, as an exporter of the environmental improvement facilities, planned to list on the KOSDAQ as an exporter of the facilities. When listed on the KOSDAQ, the company, by deceiving China as if the stock price would rise, would have increased, sell 500,00 won per share of the above company’s shares; and the above H, by explaining the false business plan with respect to the above company, intended to invite purchase of shares; Defendant B, in contact with H; Defendant B, as a bank account and securities account; Defendant B, out of the purchase price of KRW 5,00, 3000 and Defendant A100, 400.

The above H around May 11, 2015, "this company is planned to list the enterprises that export environmental improvement facilities to China on the KOSDAQ in the second half of 2016, and if listed, from 50,000 to 70,000 won per share.

At present, this company's shares remains only 6,000 shares, so it was false to the effect that 5,000 won per share is purchased.

However, there was no listing plan since (State) EE continued to be fit after its establishment, and even if it was listed, there was no possibility of 50,000 won to 70,000 won per share.

As above, the Defendants conspired with H to the above victim.

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