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(영문) 서울남부지방법원 2012.01.19 2010고단3627

선물거래법위반

Text

Defendants shall be punished by a fine of KRW 10,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. From September 11, 2008 to December 11, 2008, Defendant A served as the H Securities Co., Ltd. (hereinafter “H Securities”) Company G located in Yeongdeungpo-gu Seoul Metropolitan Government as the Vice Minister during the period between September 11, 2008 and December 11, 2008, Defendant A traded H Securities P20 gift 00 gift 0812.

Around September 24, 2008, at around 10:07:27:27, the Defendant submitted an order for selling 80 contracts to the 195.05 P; (b) accumulated a 104 contract price between average 10:07:39-10:07:40 p; and (c) concluded and liquidated 24 contract with a sale order (195.05p, 80 contract) submitted from 10:07:40 to 107:47:47; and (d) constructed a 80 contract with a purchase order at around 10:108:50 p. 108; and (e) submitted a 10:07:46:107:47:107:47 at the shorter time; and (e) sold orders (195.05:80) at the highest price between 195:100 p. 25.198.25

2. Defendant B, from September 11, 2008 to December 11, 2008, worked as a LSP Co., Ltd. (hereinafter “LS”) company located in Yeongdeungpo-gu Seoul Metropolitan Government as a team member during the period from September 11, 2008 to December 11, 2008, and was engaged in OSP 200 futures trading using LSPN in December 08.

In light of the circumstances in which the Defendant was holding an option for sale of 76 contracts at the average holding price of 14:00:48 on December 2, 2008 at 135.57p, the Defendant submitted an order for purchase of 76 contracts at around 14:01:03 to 135.45p to 135:05p to reduce the market price, and 56 contracts are liquidated from around 14:03 to 14:01:05 to 135.5p with the market price of 14:05 at around 14:05 to lower the purchase price of 135.5p.