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(영문) 서울남부지방법원 2014.05.22 2014고단998

자본시장과금융투자업에관한법률위반등

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 150 million.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No one shall disseminate a rumor, use a deceptive scheme, or make an assault or threat with an intention to attract anyone to trade listed securities or exchange-traded derivatives, creating a misleading appearance of active trading or causing a fluctuation in the market price of such securities or exchange-traded derivatives, and shall spread such rumor, use such deceptive scheme, or make such an attempt to trade or make any other transaction in financial investment instruments or attempt to cause a fluctuation in the market price of such securities or exchange-traded derivatives;

The Defendant, using the pen name, such as “C”, “D”, and “E,” etc. at the event that the Defendant was an expert in stock investment, posted a notice to the effect that “I would recommend items free of charge through the Smimer,” “I would like to recommend items free of charge through the Smimer,” and recruited a number of free members. In fact, the Defendant collected shares in advance even after the Defendant collected shares in advance, and collected purchases on the recommendation of the purchase of shares from many members as if the Defendant recommended items of shares collected in advance by the Defendant using Smimermer, and at the same time, in order to show that the purchase price is high, the Defendant would have raised the purchase price by having issued orders by the repeated small-scale market, and then the share price increase by selling the shares in advance.

The Defendant purchased 34,419 shares of PPPP from around 09:00 to around 09:16 of the same day on September 9, 2013 at KRW 1,110 on an average purchase price of 34,419 shares of PPPP from around 09:0 to around 09:16 of the same day, and the Defendant is the Defendant’s “PPPPPP” using MPP in advance to many free members recruited in advance on the same day at around 09:17.