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(영문) 서울고등법원 2015.11.04 2015노1846

자본시장과금융투자업에관한법률위반

Text

The judgment below

The part on the remaining Defendants except Defendant I is reversed.

Defendant

B. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 of the misunderstanding of facts is a listed company of the Stock Exchange (KOSPI) that manufactures AD Co., Ltd. held by the new bank from the DD team leader DE of the new bank, and its trade name was changed to AF Co., Ltd. on March 28, 2013; hereinafter “AD”). Upon the request of the DF to introduce investors in order to sell shares, Defendant B was introduced to the new bank in sequence through DF, and introduced Defendant B to the new bank and received KRW 7 million from BF on the pretext of introduction, and did not participate in the price manipulation of AD shares. 2) The imprisonment (one year and six months) sentenced by the court below to Defendant A of the unfair sentencing decision was too unreasonable.

B. Defendant B (1) In the manipulation of price manipulation of AD stocks which the court below found guilty of mistake of facts, the trading of a conspiracy is merely the overlapping of the trading of each trading entity in the course of trading to maximize profits at its own judgment by each trading entity, and each trading entity did not have conspired in advance to sell at the same price at the same time. (2) The imprisonment (one year and six months) sentenced by the court below of unfair sentencing to Defendant B is too unreasonable.

C. On August 21, 2012, Defendant C (AD) who had conducted securities broadcasting at the time around August 21, 2012, expressed that “AD is a 5,00 foot stock with a face value of KRW 5,00,00. The current share price is too high. The merger with DH group is expected, and the performance improvement is expected, and the share price is 5,000, a face value is 5,000,000 won.” In the above form, Defendant B recommended that AD purchase from the securities broadcasting company from the securities broadcasting company because the content of AD is certain, and sent text messages to recommend a paid member to purchase AD stocks.”