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(영문) 서울남부지방법원 2019.07.10 2019고단1472

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as a managing representative of B corporation with the purpose of providing investment advisory or discretionary investment services from July 201 to November 2016.

1. Violation of market price manipulation prohibition

A. The motive for the commission of the crime is not likely to mislead anyone to believe that the sale and purchase of listed securities is booming, or to change the market price, with the intention to attract anyone to trade listed securities, but the Defendant continued to increase the yield while managing the trust property entrusted by the customer. As such, the Defendant was willing to submit an order for manipulation of market price by using 15 accounts, such as the Securities E (F) account of D Insurance, an institutional investor, with an intention to increase the yield by artificially raising the share price of the company, which accounts for a share of 10% out of the trust property, and thereby raising the yield.

B. On June 9, 2014, the Defendant, at around 11:17, 2014, using the E-securities account (Account Number:F) of D Insurance at the office located in Yeongdeungpo-gu Seoul Metropolitan Government G, the Defendant raised the share price of KRW 76,400, the immediately preceding year from June 9, 2014, by having the market submit 100 shares of the purchase order and enter into the purchase order in a situation where the immediately preceding 75,500 shares were in place.

8. By August 8, 200, the market price submitted a purchase order through the same method over 315 times, such as the statement of the purchase order between the market and the purchase order.

C. From June 9, 2014 to June 9, 2014, the Defendant issued an order for purchase of 300 shares per share to KRW 76,70,00 per share and submitted an order for purchase of 76,900 per share (e.g., KRW 318 shares) to increase the estimated purchase price of 76,90 won immediately before the expected execution price (e.g., KRW 318 shares) using the D insurance account at the same place. The Defendant from June 9, 2014 to June 9, 2014.

8. By August, 8, 200, 69 times as indicated in the attached Table 2 “the details of the purchase order of paper notes.”