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(영문) 서울중앙지방법원 2013.12.24 2013고단3942

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

109,272,685 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant served in Securities Port D from April 2003 to May 2007. From August 2008 to November 2009, the Defendant served in F, an entity other than the securities type E product management system. From December 2009 to March 201, 2009, the Defendant worked in GTV Production Team (hereinafter “G Securities Broadcasting”) as a personal list, and was in charge of recommending a promising issue by contributing the program, such as H, I, etc.

around August 2007, the Defendant published and sold books related to the investment of the shares of “J”, and around 2005, the Defendant provided consultation on the issue of shares to its members while operating NV KafK, which is 2,300 members, and around July 2009, recommended its members for the issue of shares when operating the NAV Kaf, which is 710 members, and made a recommendation on the issue of shares; the Defendant provided a yellow analysis broadcast for more than one year by contributing to MTV; the Defendant was running a corporation as a joint representative of P, operating Q as a joint representative of P, operating a corporation, holding a meeting related to investment in stocks at the NAV center; holding a meeting related to stocks over several occasions; and the Defendant was aware that the Plaintiff had the influence on G securities’s “H”, “I”, and “O” broadcast for more than one year from N and D, and was recommended by the K industry.

The Defendant, while contributing to the programs, such as “H” and “I,” of the G Securities Broadcasting, was aware that the securities industry had knowledge and influence as above, and that if the G Securities Broadcasting is one of the representative cable TV economic broadcasting and recommended the purchase of a specific item by contributing to the said securities broadcasting, the purchase price of the general investors would be introduced, and the share price would continue to increase or increase in the short term after the completion of the securities broadcasting.

The Defendant is engaged in securities broadcasting in order to obtain profit from market price by using the above opportunities.