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(영문) 서울남부지방법원 2014.05.28 2014고단991

자본시장과금융투자업에관한법률위반

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ status as Defendant A, as an operating company and a representative director or internal director of the HH or an internal director of the quasi-investment advisory company, which is the Internet securities broadcasting site, is in operation of the said company up to now, and Defendant B, from July 1, 2012 to May 31, 2013, was in operation as the head of the Securities Research Team and the vice-head at H in the said dispute resolution committee.

2. Criminal facts;

A. Joint criminal conduct by the Defendants (illegal transactions between July 1, 2012 and May 31, 2013) shall not commit any unlawful means, scheme, or trick in connection with the trading or other transaction of financial investment instruments, nor shall he/she disseminate a rumor or use a deceptive scheme with an intention to trade or make any other transaction in financial investment instruments, or attempt to cause a fluctuation in the market price thereof.

Nevertheless, the Defendants: (a) opened an Internet securities broadcasting site, recruited an unspecified number of free members by posting a letter, “G,” i.e., “I., the scenario trading month, I.m., strategic scenario low-evaluation sub-sector group; (b) the category selection by centering around the following sub-sector group; and (c) the company’s basic value will not be treated properly; and (d) as “I,” under the separate name of “J” established on the Internet portal, the Internet portal site, i.e., “I., an average profit rate of 30%; (c) the annual upper limit of 1.0%; and (d) recruited a large number of unspecified free members by posting a letter, “I.m., the number of members; and (e) the number of members recommended by the Defendants to purchase the specific stocks in advance, as if their investment values were low, by making a recommendation; and (e) the company’s high-priced purchase tax at the time of the entry of the above members and investors.”

According to the above public offering, the Defendants, between 10:09 to 10:59 on July 18, 2012, set forth above, shall be the said dispute resolution committee located in Gangnam-gu Seoul Metropolitan Government K.