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(영문) 서울중앙지방법원 2014.04.29 2013고정3668

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to two and three years of imprisonment for fraud, etc. at the Seoul Central District Court on February 3, 2012, and the judgment became final and conclusive on October 25, 2012, and was concurrently the Chairperson of C from September 2008.

No person shall do any act of making, entrusting or being entrusted with, transactions in the securities market or the KOSDAQ market, creating a misleading appearance of active trading or changing the market price so as to attract anyone to make transactions on the securities market or the KOSDAQ market.

Nevertheless, around October 2008, the defendant tried to purchase 34 billion won from F, the largest shareholder of E, the largest shareholder of E, the company whose head office is located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. In the process, the defendant tried to purchase 6 million won of shares of E, the largest shareholder of E, the company, as security, to prevent the opposing purchase of shares due to the decline in stock prices and to sell shares at a high price in the future when selling the company in the future.

Accordingly, at around 09:14:23 on November 11, 2008, the Defendant issued an order for purchase of 100 shares E, a 4,700 won higher than 4,700 won, i.e., 4,690 won, at C office located in Gangnam-gu Seoul Metropolitan Government, using the future deposit account (Account Number I) in the name of H, and continued to enter into an order for purchase of shares of 90 shares 4,70 won higher than 4,70 won. At around 09:22:12 on the same day, the Defendant submitted an order for purchase of shares of 460 shares E, a stock company, with the above H account under the name of 5,160 won, with an order for purchase of 460 shares issued at KRW 5,160,000,000,000 won higher than 4,690 won through 5,160 won.

As above, the Defendant’s shares E, a securities company.