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(영문) 서울남부지방법원 2016.01.21 2015고합331

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. From March 201, the Defendant and E, as the motive for the commission of the crime, and the public-private partnership, continued to decline in the share price of F Co., Ltd. (F) from March 201, the Defendant and E received a claim from investors, etc. who purchased the F Co., Ltd. in compliance with the principal guarantee agreement from the Defendant and E, against the loss incurred by the demand for principal payment or the decline in the share price. On June 201, the Defendant and E offered the F Co., Ltd. to G, an operating specialist of the early market price, who requested the share price support by providing the F Co., Ltd., a sum of approximately KRW 400 million in total over several occasions, as collateral, as well as by requesting the share price support by directly submitting the market price control order using the borrowed account under the name of H and I, etc., and conspired in sequence to prevent the share price decline

2. No person who facts a crime shall mislead another person to believe that the trading of listed securities or derivatives in the market is booming, or make a false representation in trading with an intention to mislead another person into making a wrong judgment, and no person shall trade securities or derivatives in the market price of securities or derivatives in the market with an intention to attract another person to trade such securities or derivatives in the market, or entrust another person or be entrusted with such trading;

In the process of trading F shares in collusion with G, etc. on June 1, 2011, the Defendant submitted an order to purchase KRW 1,060 with a high number of KRW 1,060 from F’s current price at the Samsung Securities Account (Account Number K) in the name of H, a borrowed securities account, at the office located in Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government J on June 1, 201, and submitted an order to purchase KRW 1,060 with a high number of KRW 5 won compared to the previous position on the same day at the Korea Exchange located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu 333.

In addition, the defendant, in collusion with G, etc., has another person trade the F's shares in the course of trading.