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(영문) 서울남부지방법원 2019.05.17 2018고합570 (1)

자본시장과금융투자업에관한법률위반등

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of KRW 700 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant and A are joint operators of “C”, an Internet investment caron related to stocks.

No one shall disseminate a rumor or use a deceptive scheme with an intention to trade or make any other transaction in financial investment instruments or attempt to cause a fluctuation in the market price, or use a false market price with an intention to attract another person to trade or make a fraudulent scheme.

1. The Defendant of the crime committed by the Defendant: (a) abusing the fact that the holding rate of an liquidity supplier (LP and usual ELW issuer) is close to 0% by putting in large quantity the stocks and e-mail (ELW) with the maturity of A and thereby making it difficult for investors to intervene in the above issue due to a large amount of e-mail holding quantity; and (b) through text messages, text messages, SNS, etc., attracts investors to purchase the ELW at a high price set by the Defendant and A; and (c) buy the ELW at a higher price set by the Defendant and A; and (d) sell them at a higher price than their purchased unit price to investors.

2. From around 2014, the Defendant using a rumor, using a deceptive scheme, and using a false rumor from A and the Seo-gu Daejeon, Seo-gu, Daejeon: (a) through SNS (I, J, etc.) or Internet community service site (K, L, etc.) against many and unspecified people within the Defendant’s residence in the Seo-gu Down-gu, Daejeon (F apartment G, the same Gu H apartment G; and (b) from around 2014, “The Defendant may sell high prices and impose a high profit on an unspecified number of unspecified persons when purchasing ELW as he/she known to him/her; (c)”; and (d) “ELW trading, if he/she raises a high profit rate, he/she becomes a member of the ordinary members who purchased and sold it as recommended by the United States.”