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(영문) 서울중앙지방법원 2013.08.26 2013고단2341

자본시장과금융투자업에관한법률위반

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A defendant shall be punished by imprisonment for one year.

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

[Public Offering Relations] H, a major shareholder and representative director of G (hereinafter “G”) concluded an investment advisory contract with the JJ that offered investment good offices by holding the position of “(State) I Chairman” on July 13, 2009, with a view to 10,000 won per share of 2.5 million won from among the treasury shares that were traded in approximately KRW 4,000 per share at the time when G and L were owned by G (State).

On the other hand, the J stated the above contents of the Investment Advisory Contract to K, which was known to ordinary people for the execution of the above Investment Advisory Contract, and proposed that “G share price is KRW 10,000,000, which caused the block with a 3 billion block with a view to accepting the block.” On November 5, 2009, K knew that “G share will be purchased again with a 20,000,000 won rise again after 20,000 won,” and that L began to purchase the G share with its own funds.

However, after November 20, 2009, the price manipulation of G shares was lost due to the increase of the opposite trading volume after J, such as that the price of G shares falls below 4,000 won, and K, with L, M, etc., excluded from J from the market price manipulation, and found H, and ordered L to receive 700,000 shares of G shares held by it, and purchase of stocks with a security loan and raise the share price up to 10,000 won. In order to increase the price of G, L purchased G shares at a higher price using the account in the name of N, etc., living together with L, which was known to the general public, with L, etc., and L, upon receiving instructions from K, leased the above 400,00 shares as collateral, and paid a trading order on its own, using 602 units of Seoul O building in Gangnam-gu, Seoul, which is one's office, and at the same time, made a normal price manipulation.