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(영문) 서울중앙지방법원 2015.01.16 2014고정1010
증권거래법위반
Text

Defendants shall be punished by a fine of KRW 200 million.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a person who operates G kindergarten, and Defendant A is the former Ministry of Education and Human Resources Development H, and on November 29, 2007, the Seoul Central District Court sentenced 6 years to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) at the Seoul Central District Court on February 20, 208.

1. On March 2007, the first attorney-at-law of corporate M&A advisory expert, who is the husband of the Defendant B in the background of the crime and the conspiracy relation, was conducting negotiations with K, which is the former owner of the J, for the purpose of taking over the J (hereinafter “J”) as the captain of the Defendant B, and when this fact is announced to the market, it was anticipated that the stock price of the listed owner would considerably increase if it is announced to the market.

Under this circumstance, Defendant B had the intent to collect the J shares within the range of the next borrowed account to obtain short-term profits prior to the J acceptance and publication, and ordered Defendant A and L (Seoul Central District Court Decision 1 year of imprisonment, 2 years of suspended execution and fine of KRW 400 million in September 10, 2009, 5 December 5, 2009) to provide Defendant A and L (the Seoul Central District Court Decision 1 year of suspended execution, 2 years of suspended execution and fine of KRW 400 million, and the final Decision 40 million in December 5, 2009) to purchase the J shares to the maximum extent possible while maintaining the J share price.

Defendant

As above, Defendant A and L, upon receiving Defendant B’s order, attempted to sell J shares through HTS in the name account prepared by L in Gangnam-gu Seoul office, but at the time of January through February 2, 2007, the average trading volume of J as of February 14, 2007 to February 2, 2007, “14,949 shares” as stated in the facts charged in the indictment of KRW 14,979, is a clerical error of “14,979 shares” (hereinafter investigation record 215 pages), thereby recognizing criminal facts by correcting them.

In order to attract sales volume, it is difficult to use a method of high-priced purchase order in order to attract sales volume, and it seems that the high-priced stock price according to high-priced purchase order has weakened to a certain extent, and that transactions have been active at the same time.

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