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Allegedly involved in the merger by preparing a ‘managerial succession plan’
The forced investigation begins in December 2018 … Conclusion 1 year and 9 months
The prosecution concluded the investigation into the suspected illegal administrative succession of Samsung Group, which began with the suspicion of fraudulent accounting by Samsung Biologics, and handed 11 people, including Samsung Electronics Vice President Lee Jae-yong, to trial on the day 1. It has been approximately 1 year and 9 months since the investigation began.
However, the prosecution’s decision to prosecute is directly contrary to the recommendations of the Investigative Deliberation Committee, which will inevitably provoke considerable controversy.
The Seoul Central District Prosecutor’s Office of Economic Crimes (Deputy Prosecutor Bok-Hyeon Lee) appointed Lee Vice Chairman for violating the Capital Markets (Illegal Transactions / Market Control) Act, business abandonment and audit law external regarding the ‘Samsung Group Illegal Merger and Suspected Accounting Fraud’ at 2pm Said he had been indicted without custody for violations and other charges.
The indictment also violated the Capital Market Law against the former head of the Samsung Group Future Strategy Office, the former head of the Samsung Group Future Strategy Office, Kim Jong-joong, former strategy team leader, and Lee Wang-ik. , former executive of Samsung’s Future Strategy Office, Choi Chi-hoon, Chairman of the Board of Directors of Samsung C&T, Kim Shin, former CEO of Samsung C&T, and Lee Young-ho, Chairman of Samsung. ), and applied the charges of negligence in business, and accused of indifference.
In addition, Kim Tae-han, CEO of Samsung Biologics, Kim Yong-gwan, former Vice President of Samsung’s Future Strategy Office, and Kim Dong-jung, executive of Samsung Biologics, were brought to trial for violating the Audit Law. External The same charges were added to former chief of staff Choi and former team leader Kim Jong-jung. In the case of former team leader Kim Jong-joong and former CEO Kim Shin-jung, perjury charges related to the Gukjeong Nongdan case were also added. The prosecutor’s office prepared a succession plan called ‘Project G’ by the Samsung Group to help Vice President Lee and others assume management rights and strengthen their dominance at the lowest cost. It was concluded that there was a suspicion of having to be absorbed or merged.
In this process, the company ▲ will spread false information at each stage of the merger transaction ▲ will hide important information ▲ will publish false positives ▲ will buy from major shareholders ▲ Illegal lobbying to secure voting rights for the national pension ▲ will mobilize the affiliated organization Samsung Securities PB ▲ Market prices through intensive shareholder buying It is a lawsuit that has committed illicit acts such as mediation. The prosecution applied the charges of fraudulent transactions and market price adjustments, seeing that the instructions of Vice President Lee were in process.
In addition, the prosecution applied the charges of negligence in business, alleging that Samsung C&T and its shareholders suffered property damage through the merger in favor of Vice President Lee.
Regarding the suspicion of fraudulent accounting from Samsung Biologics, Vice President Lee and executives from the Office of Future Strategy falsely concealed and disclosed important matters such as Biogen’s option rights to purchase, and changed the accounting method in the financial statements of 2015 to convert biological assets. It was judged that it was a violation of the External Audit Law which overestimated them.
The prosecution began an investigation in November 2018 when the Securities and Futures Commission under the Financial Services Commission accused the fraudulent accounting of biological products and launched a forced investigation in December of the same year. Since September last year, the investigation has been expanded on suspicion of the succession of Lee’s management rights.
Prosecutors summoned former and current Samsung officials multiple times and then summoned Lee, who is said to be the final officer on the indictments, twice in May. Former Vice President Lee is known to have stated that “there is no report or instruction” regarding the allegations related to biologics accounting and the merger of Samsung C&T and Cheil Industries.
In June, Vice President Lee applied to serve on the Prosecutors’ Investigative Deliberation Committee saying he would be tried by outside experts, and the prosecution started a fire by requesting an arrest warrant for Lee. However, the court dismissed the request for an injunction against Vice President Lee, and the Investigation and Deliberation Committee issued a non-prosecution opinion in late June.
The prosecution did not reach a conclusion for more than two months after the recommendation of the Investigation Review Committee was issued. Instead, outside experts such as law, finance, economics and accounting were called directly to the prosecution to hear their views and review the details of the investigation, the law and the direction of the case, ultimately deciding to prosecute Lee.
The prosecution said: “The prosecution of the main responsible was summarized by combining the multiple positions of the academy and the precedents, the clarity of the merits evidenced by the relationship of evidence, the materiality and sanction of the case, the need to resolve public doubts through of the judicial trial and the review of the results of the meeting of the supervising prosecutors ”. Revealed.
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