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(영문) 서울고등법원 2015.12.29 2014노224

자본시장과금융투자업에관한법률위반

Text

All the decisions of the first instance court are reversed.

Defendant

A Imprisonment with prison labor for two years, for each of the defendants B, E, and G, for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the first instance court (a 5 years of suspended sentence and additional collection 259,297,329 won) of Defendant A (a 3 years of imprisonment) is too unreasonable.

B. Defendant B, E, and G (Third Market Price Adjustment), and Defendant B, who did not know of the AJ and did not know of the AF, and Defendant G, etc. (hereinafter “AF”).

(2) The Defendant Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company Company

3) Defendant G did not know the AJ. Defendant G did not receive a request for manipulation from AJ, etc., or there was no conspiracy with them to make a manipulation, and only there was a hossity talk related to AF stocks, thereby making a purchase and sale of AF stocks on its own judgment and informing Defendant B of this fact. (B) Defendant G’s assertion on each transaction. (B) Unless the part on the purchase and sale of AF stocks in collusion with a third party is mentioned below the list of the crimes committed through a third collusion with a price adjustment, each of the crimes committed refers to the list of crimes attached to the first instance judgment, and each of them is to be invoked.

cU in the cU of the stated securities account.