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(영문) 대구지방법원 2020.01.10 2019고합442

자본시장과금융투자업에관한법률위반등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

1. No person shall make a false representation in trading listed securities or exchange-traded derivatives in violation of the Financial Investment Services and Capital Markets Act as to trading such securities or exchange-traded derivatives, or make another person make a false representation in trading such securities or exchange-traded derivatives with an intention to mislead the trading of such securities or exchange-traded derivatives, but shall make a false representation in trading such securities or exchange-traded derivatives with an intention to attract another person to make a wrong judgment, and shall not do any act of trading such securities or exchange-traded derivatives with a intention to mislead another person into booming the trading of such securities or exchange-traded derivatives or to cause another person to do so;

Nevertheless, for the purpose of inducing ordinary investors to make a wrong judgment with regard to the sale and purchase of listed securities, the Defendant: (a) opened three computers and two Internet communication networks at his own residential premises located in Daegu Dong-gu B and C; and (b) traded 79 shares, such as E, using his father D; and (c) purchased and sold HTS via 15 securities accounts opened in the name of 12 persons; (b) selected high-priced items with a large change on the same day; (c) collected shares through high-priced purchase orders and quantity reduction orders; and (b) formed appearance, which appears to have been traded in order to attract ordinary investors to buy and sell listed securities; and (d) sold shares through HTS (HTS) purchased shares, such as E, using 15 securities accounts opened in the name of 12 persons; and (e) purchased shares through HTS; and (e) purchased shares with a view to attracting them to buy and sell them.

Therefore, the Defendant established in the name of Chok F at the above place on February 11, 2015.