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(영문) 서울남부지방법원 2015.5.13.선고 2015고단1228 판결

자본시장과금융투자업에관한법률위반,사기

Cases

2015 Highest 1228 Violation of the Financial Investment Services and Capital Markets Act, fraud

Defendant

A person shall be appointed.

Prosecutor

Freeboard ( Indictment) and Maternity (Public Trial)

Defense Counsel

Law Firm 00

Attorney in charge △△△

Imposition of Judgment

May 13, 2015

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

137, 558, 803 won shall be additionally collected from the defendant.

The defendant shall be ordered to provide community service for 120 hours.

Reasons

Criminal facts

B Account for the purpose of increasing royalties to B customer and strengthening customer relations in corporation B

8 weeks from October 04, 201 to November 25, 2011 against customers holding B 8 weeks. < Amended by Act No. 10513, Nov. 25, 2011>

'2011 ○ ○ ○ Track Investment Competition held a stock and futures option investment conference in the name of '201 ○ ○ ○ Track Investment Competition'.

Accordingly, the Defendant has less than the number of shares in C ( note 1, 487, 960) and the average trading volume is less than the average trading volume;

Using that there is a situation in which the market price can be increased through a small amount of purchase order with a blank space.

purchase of C’s shares with six accounts, including D and other borrowed accounts, and draw the share price after purchasing them.

The title of obtaining monetary rewards in the stock investment contest at the same time as the market price gains by selling them at a higher price;

In order to make a market price manipulation through high-priced purchase orders, paper orders, best sale, etc.

was made.

1. Violation of the Financial Investment Services and Capital Markets Act;

No one shall be involved in securities or exchange-traded derivatives with an intention to attract anyone to trade listed securities or exchange-traded derivatives.

Recognizing that the trading of derivatives is booming or changing the market price;

No act of trading, or of entrusting or being entrusted with it shall be prohibited.

Nevertheless, the name of the defendant between November 10, 201 and November 23, 201, is the name of the defendant.

B Account; ○○ Securities Account; △△ Securities Account; B Account in the name of D; △ Securities Account in the name of E; B;

In the process of purchasing C Shares Co., Ltd. 433 and 223 shares through the account, 2011.

11. On October 10, 100, after purchasing C Shares 10,087 from the account under D’s name, B and ○○ in the name of the Defendant.

purchase of 136, 304 additional shares from the securities account and total of 146,391 shares (9.84% of the negotiable shares, time limit

Over 53.8% of the volume of trading ) the goods purchased from high-priced purchase orders and the goods purchased from 1

An increase in the share price to the upper limit by submitting repeatedly orders for a large amount of reduction; and each ordinary investor's share price

After attracting the tax, 87 high-priced purchase orders (227, 420 shares), as described below:

Main Order 23. (45.913.) Total amount of 159, such as Order 23. Cuts (45,000.) 9. (40.80, 161.) .

Board (398, 494 note) shall submit a market price manipulation order to change the market price (7. 13%, 7. 13%, and the share price).

The 137, 558, and 803 won acquired unfair profit by making the change width 35.1%.

(a) High-priced purchase orders and quantity reduction orders;

Defendant on November 10, 201 : 25: at around 47, at the office of the Defendant located in Suwon-si, Sungnam-si.

Note 1: 5,180 won (13 note) and 1: (a) by means of HTS’s account in the name of the Defendant;

5, 190 won (2, 665 note) purchase orders (3,000) for which the whole quantity of 5,190 won is 2,665 won in circumstances of 5,190 won and 2,665 shares

Note 10: 29: 37 up to 37 up to 5,210 (53 note) up to 5,210

(A) Purchase at a higher price than 20 won (2,000 shares) 5,280 won (2,000 shares) 1 sale in circumstances of 5,260 won (17 weeks)

order : 10 : 20 : 5,220 won (100 shares) and sale 1 through the name B account in D around 20.

under the circumstances of heading 5,280 won (390 shares), 5,300 won (400 shares) with the highest of 20 won compared to 1 heading 1 and immediately preceding 20

An expensive purchase order is submitted, etc. to 10: 25: From 47 to 12: 12: An expensive purchase order among the orders from 36:

(23 times, 91, 987 note) and 1 selling order (13 times, 32, 713 note) consecutively and repeatedly

In order, the upper limit of the current price has increased up to (6,250 won).

In addition, the Defendant’s crimes from November 10, 201 to November 23, 201, as well as the crimes in the attached Form between around November 10, 201 and around November 23, 2011.

In total, 227, 420 high-priced purchase orders in the same manner over 87 times, such as the written sight table.

C Shares 45,913 C Shares by submitting an order for reduction of volume by the same method in total 23 times.

as the sale and purchase transaction was conducted in a manner that misleads the market price or changes the market price.

(c)

(b) Paper order; and

On November 11, 2011, the Defendant’s closing day by using HTS at the office of the above Defendant around November 11, 201.

52 : 52 At around 37, the expected conclusion of the shares is 5,320 won by the account held in the name of the defendant.

in order to purchase KRW 10,00 in KRW 5,750 and KRW 14: Until April 5, 200, an elevated purchase share

By submitting the text, the expected conclusion price has increased up to 6,100 won.

In addition, the Defendant committed an offense from November 11, 201 to November 18, 201, as well as the offense in the attached Form between the Defendant and his around November 11, 201.

In the case of entry in the sight table, the order of 45,00 Sc/C of each class shall be issued at least nine times, and C/C of each class

The act of making a mistake or changing the market price was conducted as it is in the form of gender.

(c) Fictitious sale;

On November 11, 2011: around 32:32: Defendant using HTS at the office of the above Defendant at around 57

6,650 Won 8,00 after filing an order for sale at approximately 39 seconds from the name B account under this management.

13: 33 : Within 36 : 6 ,650 , the order for purchase of 10,000 shares from the E account under the name of the defendant management;

L 8, 000 shares were concluded.

In addition, the Defendant committed an offense from November 11, 201 to November 23, 201, as well as the offense in the attached Form between him and his around November 23, 2011.

80 times more than 40 times as written in the sight list, and 161 stock certificates, the sale and purchase price of C stock

As they constitute the sexual depression, the act of misunderstanding or changing the market price was committed.

2. Fraud;

On October 4, 2011, the Defendant’s Internet at the office of the Defendant located in Dong-dong, Sungnam-si, Sungnam-si.

through the website, "2011 ○○○ in the name of the victim C corporation."

An application for participation in the UNFCCC was made.

The '○○ ○○ Clinical Investment Competition' was eight-day equity investment from October 4, 201 to November 25, 201.

on the basis of the result, the prize of 30 million won shall be paid to the participants who have included the highest return rate.

in the event of unfair transactions, such as the price manipulation within the period of the competition, excessive price acceptance, etc., a deprivation of qualification will be made;

The award examination committee prior to the payment of prize money shall be organized, and it shall be examined by examining the qualifications of winners.

The defendant is at the office of the above defendant between October 4, 201 and November 25, 2011.

The facts by using HTS consisting of a number of accounts such as D’ B’s account, etc.

As described in the above paragraph (1), even if the price manipulation was made through the price manipulation and the profits were made, it shall not be made.

as if the person in charge was included in the return on investment by normally trading shares to the person in charge B.

1.3

Defendant, as such, deceiving the victim, and deceiving the victim, D around December 15, 201 from the victim.

It received KRW 28,680,00 as the prize money for the said real estate investment contest in the name of B account.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013)

Article 43(1)4; Article 176(1)3 of the Financial Investment Services and Capital Markets Act;

This Market and Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013)

Article 43(1)5 of the Financial Investment Services and Capital Markets Act (Law No. 1183, May 28, 2013)

Article 176(2)1 of the former Act (amended by Act No. 11845), 176(2)1 of the Financial Investment Services and Capital Markets Act

Article 347(1) of the Criminal Act (the point of fraud)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Additional collection:

Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment

Reasons for sentencing

Article 1 (Securities and Financing)

[Scope of Recommendation Form]

Securities crime that infringes on fairness in the capital market (use of undisclosed important information, manipulation of market price, and denial of such information)

(u) Type 2 (not less than 100 million won, less than 500 million won) in the basic area (one year to four years).

【Special Convicted Persons】

None

Article 2 (Fraud)

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100,000) Basic Area (from June to June)

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: one year to four years;

【Determination of Sentence】

to operate stock prices on a planned basis shall be fair for supply and demand in the stock market.

not only impede the fostering and development of a sound stock market by hindering formation, but also a stock transaction;

80 U.S.A.D. 201

(1) is a serious criminal act that disturbs the economic order, and constitutes an artificial criminal act.

Although the scale of the crime of this case was not significant, the defendant recognized the fact that the crime of this case was committed and the mistake was divided.

Special power, other than once criminal records of a long-term type of fine, to the accused;

Unless otherwise, the motive and circumstance, and means of the instant crime, the frequency and duration of the instant crime, and acquisition

the records and arguments of this case, such as the amount of unfair profit, the circumstances after the crime, the age, health, and the environment of the defendant;

In full view of the various circumstances that are conditions for sentencing under Article 51 of the Criminal Code, it is ordered as per Disposition.

Punishment shall be determined.

Judges

Attorney Kang dilution