beta
(영문) 부산지방법원 2013.05.31 2013고정1485

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 28, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for violating the Act on Registration of Credit Business and Protection of Financial Users in Busan District Court, and the said judgment became final and conclusive on July 6, 201.

2. Facts of crimes;

A. On March 201, the Defendant, among the 110 share shares listed on the securities market, sold only 10 share shares, excluding the treasury shares 100 share shares on the securities market, leading to the occurrence of the crime, based on the circumstance that: (a) the daily trading volume of 10 share shares out of the 1110 share shares listed on the securities market is large to the extent of 1st and 2 share; and (b) the daily 1st and 2 share transaction alone, the price of the share is large to the extent of 15 per cent compared to the immediately preceding closing price on the immediately preceding day, or the 15 per cent or more of the 15 per cent price so that the market price manipulation is easy; and (c) there was a misunderstanding that the purchase and sale of the SGT-SP-P-P-P-P-P-P-P-P-P-

(b) No criminal fact shall mislead a person into misunderstanding that the trading of listed securities or exchange-traded derivatives is booming, or mislead another person into trading such securities or exchange-traded derivatives with an intention to mislead another person into trading such securities or exchange-traded derivatives, or make a false representation in trading such securities or exchange-traded derivatives without an intention to transfer his/her right, or make a false representation in trading such securities or exchange-traded derivatives with an intention to attract another person to trade such securities or exchange-traded derivatives, or do so with an intention to mislead another person into trading such securities or exchange-traded derivatives;

1) The Defendant, on April 6, 201, using the name Samsung Securities Account (D) in the name of Samsung Securities Account (hereinafter “C”) used by the Defendant in connection with the mechanical parking lot management office located in the Busan Young-gu building B, Busan at around 09:03 on April 6, 201, via the mechanical parking lot management office in the name of the Defendant, at KRW 380,000 (the closing price of the immediately preceding day is 15% higher than the closing price) of KRW 2,535,000 on the immediately preceding day.