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(영문) 서울남부지방법원 2016.06.29 2016고단44

자본시장과금융투자업에관한법률위반

Text

Defendant

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

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2010 to May 201, the Defendants purchased and sold shares at the same time in Songpa-gu Seoul Metropolitan Government Etel A 432. From June 201 to July 2012, the Defendants purchased and sold shares at the same time in Seoul, Songpa-gu Seoul Special Metropolitan City F building C 801.

No one shall engage in so-called “the most” trading with intent to mislead anyone into booming the trading of listed securities or cause any other person to make a wrong judgment with regard to the trading of listed securities, and shall not make a false representation in trading with intent to mislead anyone into booming the trading of listed securities or to cause another person to make a wrong judgment, and shall not make a false representation in trading with intent to attract anyone to trade listed securities, as the trading is booming

After purchasing shares, the Defendants conspired to gain unfair profits by operating the market price through the purchase of the best and conspiracy, the upper limit of the purchase, the involvement of the market price, and the order of purchase.

1. The Defendants related to the shares of Multilsan Real Estate Investment Trust Co., Ltd. (hereinafter “Dasan Real Estate Investment Trust”) conspired to obtain profits from market price by submitting a false purchase order at KRW 2,000,00, which is the maximum price, and selling shares in possession after completely cancelling the order, in the case of a new listing category for multilive shares of KRW 1,00 per share, 00 per share. < Amended by Presidential Decree No. 22348, Aug. 18, 2010>

Defendant

A around 08:00 on September 9, 2010, around 08:00, at the same time, orders for the purchase of Dasan stocks listed on the securities exchange at KRW 2,000 (331,830 on September 9, 2010) from that time, from September 9, 2010, for the purchase of 2,000 won (331,830 shares) through G account in the name of G (Account Number H and School Guarantee Rights) to be made. In addition, from September 9, 2010 to September 1, 208:07:09, an order for false purchase of 1,893,420 shares, such as the weather table (1).