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(영문) 서울남부지방법원 2018.03.06 2014고단4579

자본시장과금융투자업에관한법률위반

Text

[Defendant A]

1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the tax accounting corporation E located in the third floor of the building in Gangnam-gu, Seoul. Defendant B is the certified tax accountant belonging to the above corporation. Defendant C is sentenced to a suspended sentence of one year and six months for violating the Financial Investment Services and Capital Markets Act at the Daejeon High Court on October 21, 201, which became final and conclusive on February 28, 2013, and is currently under the suspended sentence of one year and six months. F, G, and H are those who agreed to guarantee the principal and profit distribution without any special occupation, offer securities accounts to provide them to the professionals who operate the market price.

1. On March 2012, Defendant A and Defendant B purchased and held (State) J shares upon F’s recommendation from Defendant A, a branch of Defendant A. However, on or after June 2012, Defendant C was deemed to have suffered KRW 400 million due to the decline in the share price of the said (State) J. Since June 2012, Defendant C purchased and purchased (State) J shares at F’s request on or after the beginning of July 2012, but immediately after the purchase, Defendant C was subject to F’s solicitation, and then (State) was deemed to have suffered KRW 40 million loss due to the decline in the share price of J.

At the end of December 2012, Defendant A, along with F, Defendant B, G, I, Defendant C, etc., in order to recover the loss caused by the decline in the stock price and dispose of the shares held by the Defendant at the end of December 2012, with the view to artificially putting the stock price at the market price of the J shares and disposing of the shares held by the Defendant A, with the intention to acquire the market profit by artificially cutting the stock price and disposing of the shares held by it.

Accordingly, Defendant A planned and led to the entire crime. From January 2, 2013, Defendant A submitted an order of direct market price operation to the securities account in the name of K, which is a securities account and borrowed-name securities account in the name of Defendant A, and Defendant B submitted the order of market price operation to the securities account in the name of Defendant B and the borrowed-name securities account in accordance with the above plan. Defendant B submitted the order of market price operation to the securities account in the name of Defendant B and the wife, which is the borrowed-name securities account in the name of Defendant B, and F and G respectively according to the above plan.