자본시장과금융투자업에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Summary of Grounds for Appeal
Defendant
In the indictment of the misapprehension of the legal principles as to the specification of the facts charged, the defendant conspireds with other accomplices, but the time and place of the recruitment are not specified in detail.
Therefore, this case cannot be said to be a case where the facts charged are specified to the extent that it does not obstruct the exercise of the right of defense.
Nevertheless, the court below erred by misapprehending the legal principles as to the specification of the facts charged.
There is no fact that the Defendant conspired to distribute profits through the stock price manipulation with the management or B, etc. of the F Co., Ltd. (hereinafter referred to as the “F”), and there is no fact that the F Management received a warranty or cash, etc. under the pretext of the cost of the stock price manipulation, and did not deliver it to B, etc.
There was no motive for the defendant to manipulate the market price.
Nevertheless, the court below erred by misapprehending the fact that the court below recognized the defendant as a co-principal in the market price manipulation crime, or by misapprehending the legal principles on co-principal.
Although 119 securities accounts are stated in the indictment of mistake of facts concerning the securities account used for the crime of manipulation of market price, there is no evidence that the majority of the accounts excluding some of the co-offenders who are likely to be related to manipulation of market price is related to the manipulation of market price.
Nevertheless, the court below erred in the misapprehension of the fact that the court below did not properly examine the evidence relations and did not clearly prove the relationship with the market price manipulation.
The sentence imposed by the court below on the defendant (three years of imprisonment with prison labor and six years of suspended execution) is too unreasonable.
The court below's determination of facts as to the securities account used for the crime of the prosecutor market manipulation.