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(영문) 서울남부지방법원 2019.05.17 2018고합570

자본시장과금융투자업에관한법률위반등

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Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of KRW 400 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant and B in violation of the Financial Investment Services and Capital Markets Act are joint operators of “C”, an Internet investment camera related to stocks.

No one shall 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, or use a false market price with an intention to attract another person to trade or make a fraudulent scheme.

A. The Defendant of the crime committed by the Defendant: (a) abuse the fact that the holding rate of an liquidity supplier (LP and usual ELW issuer) is close to 0% by putting in large quantity B and maturity; (b) thereby securing market dominance by taking advantage of the fact that they can voluntarily adjust their market prices; and (c) making the investors in certain items difficult to intervene in the above items due to a small amount of LP holding quantity; and (d) through text messages, text messages, SNS, etc., attracts investors to purchase the ELW at a high price, which is set up in advance at the low price of the Defendant and B; and (b) attracts investors to purchase the ELW at a higher price than that of the purchase price; and (c) make it possible to obtain profit profits by selling them to investors at a higher price than that of the purchase price.

B. From around 2014, the Defendant using a rumor, using a deceptive scheme, and using a false tax is high through the purchase and sale of ESW to many unspecified people through SNS (I, J, etc.) or Internet community service sites (K, L, etc.) within the residence of B and B, Seo-gu, Daejeon (F apartment G in Daejeon, and in succession to the former H detached house G), Seo-gu, Daejeon.