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(영문) 서울동부지방법원 2014.01.28 2013고정2545

자본시장과금융투자업에관한법률위반

Text

The sentence against the accused shall be 50,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From January 5, 2010 to May 19, 201, the Defendant used 14 accounts in the name of 12,62,882 shares from around 5, 201 to around 19, with respect to the total of 22 shares, such as 12,62,882 shares, a listed corporation, by repeating the initial short-term sale and purchase by 10 minutes per item, and participated in the market price of shares in the following manner.

1. No person who violates Article 176 (1) 3 of the Financial Investment Services and Capital Markets Act shall mislead any person to believe that the trading of listed securities is booming in connection with the trading of listed securities, or make another person make a false representation in trading of booming securities with an intention to mislead any other person into making a wrong judgment, or trade of booming securities without an intention to transfer the relevant rights;

On May 10, 2010, the Defendant, at around 11:55:11, connected to the Defendant’s residence of Songpa-gu Seoul Metropolitan Government D apartment 6 903 Dong 903, issued an order to sell KRW 3,159 shares issued in 16,750 per share to 16,750 won through the Home Exchange Co., Ltd.’s account in the name of 11:56:38 of the same day, issued an order to purchase 1,00 shares at the same price and made an order to enter into a sales contract for KRW 435 shares at the same price.

As a result, the Defendant, as stated in the attached Table 1, made a disguised trading that does not aim at the transfer of the right for the purpose of misleading others to make a false judgment, and from that time, made a disguised trading of stocks over 22 companies in total, 584 times as shown in the annexed Table 1.

2. Any person who violates Article 176 (2) 1 of the Financial Investment Services and Capital Markets Act shall make a mistake in trading securities or shall make such market price in the securities market formed with an intention to attract anyone to trade listed securities;