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(영문) 서울남부지방법원 2015.09.23 2015고단2534

자본시장과금융투자업에관한법률위반

Text

Defendant

A and Defendant B shall be punished by imprisonment for one year, and Defendant C shall be punished by fine for negligence of 7,00,000 won.

Defendant

C above.

Reasons

Punishment of the crime

1. On November 20, 2014, Defendant B was sentenced to three years in Seoul High Court to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act, and the judgment became final and conclusive on February 26, 2015.

2. From December 2012 to January 2013, H purchased a large amount of stocks at a price lower than the market price of the IB at a fund created by means of a stock security loan between around December 2012 and around January 2013, with a view to obtaining enormous profits by disposing of it at a higher price through a stock price manipulation.

As a result, H pays KRW 630 million to Defendant A with the market price manipulation funds, etc., and Defendant A again submitted or again requested Defendant B to conduct the market price manipulation. Defendant B shall pay KRW 600 million in installments when submitting an order for direct market price manipulation or again requesting J, K, L, and M to conduct the market price manipulation. Defendant B shall pay KRW 530 million out of the above KRW 600 million in installments when submitting the order for direct market price manipulation or requesting the Defendant C to conduct the market price manipulation. K and L shall pay KRW 40 million in direct price manipulation or KRW 21 million in requesting M to conduct the market price manipulation. Defendant C and N submitted the order for direct market price manipulation.

H continued to explain the above circumstances to theO, and request H to raise funds for the purchase of shares and manipulation for the price of the LA, and H to raise KRW 525 million with the stock purchase fund and directly submit the order for price manipulation.

3. Market price manipulation;

A. Defendant A, Defendant B, and Defendant A conspired with, or in sequence, H,O, J, K, L, M, C, and N, as above, or from January 3, 2013 to June 28, 2013, in the course of trading I issues, Defendant A, Defendant B, and Defendant B, in the course of trading one event from January 3, 2013 to June 28, 2013, were the best trading over 673 occasions (469,420 shares) for the purpose of causing another person to mislead or mislead the other person to make a decision.