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(영문) 서울중앙지방법원 2014.05.02 2013고합1380

자본시장과금융투자업에관한법률위반

Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant A, it shall be for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendants [G shares manipulation (from December 29, 201 to March 26, 2012)]

A. On June 2008, the president of the representative director of G Co., Ltd. (hereinafter “G”) borrowed approximately KRW 13 billion of the G stocks he/she owns as collateral around KRW 4 million. On December 201, 201, the principal and interest of the above loan was approximately KRW 1.5 billion. On the other hand, H intended to sell approximately KRW 9.7 million of the G stocks he/she owns, and refund the said loan.

G At the time, approximately KRW 5,000 per share, and H, on December 2, 2011, agreed that H, with respect to the shares of KRW 2 million owned by 1, J and H, a trading specialist for the share price of KRW 8,000 per share, with a price of at least 8,000 per share for the share price of at least 1,00 won per share for the share of KRW 8,00 per share for the share price of block with a view to acquiring the share price of more than KRW 8,00 per share under the name of I and J.

Since December 29, 201, I and J controlled the market price of G shares by means of offering stocks for mortgage, etc. when they request K, L, M, etc. to collect G shares by mobilization of their accounts from around December 29, 201, or by sharing incentives to receive H from H.

In particular, Defendant B introduced NF to Ha on December 201, 201, that the market price of G shares exceeds KRW 80 million per share, through the O. On January 2012, Defendant B actively participated in the support of the share holder, such as providing 580,000 stocks owned by KFC to P and Q, who are experts in the stock price manipulation of 100,000 stocks received from J, and that the share price would fall rapidly. On February 2, 2012, Defendant B actively participated in the support of the share holder by providing Ha and Q, who are experts in the stock price manipulation of 10,000 stocks received from J, with the share price of KRW 80,00 per share.

In addition, the defendant A was solicited to participate in the market price from P, and the 200,00 shares of G shares that P received from I and J are 1.2 billion won as security.