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(영문) 서울중앙지방법원 2013.11.01 2013고합913

자본시장과금융투자업에관한법률위반

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Defendants, respectively, purchased and sold shares in their occupational categories, and from around 2008, the Gangnam-gu Seoul Metropolitan Government Dtel 703 leased and purchased shares.

No one shall buy and sell listed securities with intent to attract anyone to trade such securities, creating a misleading appearance of active trading or creating a fluctuation in the market price of such securities.

Nevertheless, due to the public announcement of so-called so-called so-called 's upper limit', namely, a new listing or re-disclosure that attracts the interest in the market, the Defendants reduced sales volume by inserting a large volume of purchase orders at a price or at a higher price than the upper limit for small and medium-sized owners that are adjacent to the upper limit, and then, even if there is no possibility that sales will be concluded due to the lack of remaining selling volume, the Defendants continued to put a large quantity of purchase orders into the upper limit and prevent other investors who already purchased the shares from selling the shares, and at the same time, they were aware of the fact that the upper limit of the purchase price has come to reach the market price. At the same time, the Defendants led general investors to put a large volume of purchase orders into the upper limit at the same price and attract them to put them into the purchase order in accordance with the purchase price. At the beginning of the next day, the Defendants promptly cancelled the above purchase order and raised profits by the Act that sells all the shares so purchased.

1. Defendant A’s sole crime committed on February 26, 2010, using an account in his/her mother’s name (KIKO securities, F, and hereinafter “E account”) under the circumstances in which the maximum limit is 6,900 won in the purchase price of KRW 6,840 per 10 per 6,840 per 6,840 per 10 per 6,847 per 10 per 6,90 per 6,952 per 12,00 per 12,952 per 6,90 per 10 per 10 per 10 per 6,90 per 10 per 10 per 10 won in selling and buying the shares of image and teckes listed on the securities market.