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(영문) 서울남부지방법원 2016.02.18 2015고단5210

증권거래법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 17, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for violating the Securities Transaction Act at the Busan District Court’s Dong Branch, and the judgment was finalized on the 25th of the same month.

On the other hand, Co., Ltd. (hereinafter “B”).

of the vice-presidents of the Commission who have been in charge of general management affairs;

C was actually involved in the operation of the firstman B on December 2007.

A request is made to identify the person who will manage B's share price from D, and the co-defendant E (a separate trial is pending) who was known to the general public (a separate trial is pending) to inquire about the person who will support the share price. E introduces the defendant who was known to the general public, who was in the care of the securities market price, and asked C to support the share price, and C made a request to the defendant for the support of the share price, while C made a request for the support of B's share price as security for operating the market price.

Accordingly, as above, the Defendant, upon receiving a request from C to operate the market price directly, while issuing the price of KRW 900 million to F, who is the land owner, as a security for operating the market price, re-requested the market price of KRW 2,000,000, and F accepted the Defendant’s proposal under the condition that the Defendant receives 8% monthly profit from operating the market price of KRW 2,00,000,00

Thus, F decided to control the market price of B shares with H, I, and J, the employees of G that it operates, and F recruited to take charge of the role of F in direct market price control, the role of H in providing a securities account necessary for market price control, and assisting H in raising funds necessary for market price control, the role of F in daily settlement of accounts, and the role of H in providing a securities account necessary for market price control, etc.

2. The specific action is erroneous for anyone to believe that the transaction was made with respect to the sale and purchase transaction of securities which are listed on the KOSDAQ.