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(영문) 창원지방법원 진주지원 2018.08.21 2018고단646

자본시장과금융투자업에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. In violation of the Financial Investment Services and Capital Markets Act, the Defendant, as an investor of the full-time stocks, purchased a certain scale of stocks in advance, and 12 minutes of average 37 seconds each time in a short period of 12-minutes, caused the appearance of the Defendant to create an appearance, which seems to have frequently concluded through the so-called “an act of initial short-term operation through a short-term sale,” which continuously repeats trading orders and sales orders from 1 to 10 weeks each beginning to 10 seconds each time in a short period of 12 minutes, with an intention to raise the market price by inducing the purchase price of the general investor.

Thus, from December 21, 201 to April 12, 2013, the Defendant submitted an order to purchase 312,344 times (1,715,544 shares) high price as shown in the attached Table 2, when trading 19 listed shares of the listed companies, including (1), 312,344 times (1, 715,544 shares), 701 times (1,194,844 shares) in quantity large quantity, and 701 times (194,844 shares) in the order to operate the market price under the name of the Defendant established in the national bank in the name of the Defendant’s dwelling in the Republic of Korea, and the Defendant’s account in the name of the Defendant’s child-friendly D (194,8444 shares).

Accordingly, even if the Defendant was not aware of the fact that the trading of listed securities or derivatives in the market form of active trading, or was prohibited from trading, entrusting, or being entrusted with, the trading of listed securities or derivatives in the market, the Defendant took advantage of the unfair benefits of KRW 40,674,847 by ordering the maneuverability of the market price as above.

2. From December 21, 201 to April 12, 2013, the Defendant violated the Act on Regulation and Punishment of Concealment of Criminal Proceeds is named in the name of J, with a view to pretending the ownership of the profit accrued from the market price manipulation (a total of KRW 40,674,847) or the disposal of the profit accrued from the act of operating the market price, such as Paragraph 1, in the said Defendant’s residence, from December 21, 201 to April 12, 2013.