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(영문) 서울남부지방법원 2011.06.30 2011고합156

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

No one shall mislead any person to cause a misunderstanding that the trading of listed securities is booming, or cause any other person to make a false judgment with an intention to mislead the trading.

During the period from October 1, 2010 to October 26, 2010, the Defendant purchased and sold new creative electric stocks listed on the KOSDAQ with 12 securities account in the name of five persons, including the Defendant himself, female I, wife J, and HTS, K’s father and friendly M, etc., at the Defendant’s home located in Sinsi F and the office located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, using HTS (HTS) as a computer 3.

On October 1, 2010, the Defendant purchased 25,687 shares from 09:0 to 14:44 immediately before the end of the period (4.77% of the total trading volume at the same time), and maintained the order at a high price of 118,986 shares (47.59% of the total trading volume at the same time) compared with the immediately preceding 14:45 to 14:49 on the same day, the Defendant purchased the order at a high price of 5-70 won compared to the previous 118,986 shares (47.59% of the total trading volume at the same time) and purchased the order at a high price of 30,00 shares (19.16% of the total trading volume at the same time) in the end of the period immediately preceding the end of the period (47.53% of the total trading volume at the same time).

On October 4, 2010, the following transaction day, the Defendant: (a) purchased 4,422 shares (35.01% of the total trading volume during the same time) from the beginning to the beginning of 2,525 to 2,535 won, which is higher than the closing price; (b) purchased 4,422 shares (35:01% of the total trading volume during the same time) to the end of 20 won; and (c) purchased 68,257 shares (5.75% of the total trading volume during the same time) from the beginning of the beginning of the beginning of the beginning of the year to the end of the beginning of the beginning of the year; and (d) purchased 68,257 shares (76% of the total trading volume during the same time); and (e) purchased an order to sell the shares at the beginning of the beginning to the beginning of the year from 09:03 to 39:39:42, the same day; and