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(영문) 서울중앙지방법원 2014.12.11 2014고단1897
증권거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 17, 2007, the Defendant was sentenced to a suspended sentence of three years and a fine of 100 million won for a violation of the Securities and Exchange Act from the Seoul High Court on the grounds of a violation of the Securities and Exchange Act, and the said judgment was finalized on May 26, 2007. On January 31, 2012, the Seoul Central District Court sentenced eight months to imprisonment for a violation of the Securities and Exchange Act at the Seoul Central District Court on May 11, 2013.

Criminal facts

On December 7, 2007, the Defendant received four securities accounts, such as H (one year and six years of suspended execution, which were sentenced to a violation of the Securities and Exchange Act by the Seoul Central District Court, and I Co., Ltd. (hereinafter referred to as “J”) and I (the former hereinafter referred to as “J”)’s largest shareholder and representative director, from K, in the amount of KRW 700 to KRW 800 per share of the K-owned shares held by the bond company for the purpose of stock-backed loan. The Defendant received a proposal that the gains will be 30,000 shares J in the name of advance, M, SK Securities account in the name of M, N Securities Account, Samsung Securities Account in the name of M, Samsung Securities Account in the name of C, and Samsung Securities Account in the name of O, thereby bringing about an mind that the Defendant would buy and sell the above stocks at a higher price by using the above securities account to manipulate the price of the stocks.

1. On February 23, 2004, the Defendant issued an order to sell KRW 5,100 shares to KRW 1,100 through the securities account in the name of M through the Home Exchange System in order to make a false judgment with H as to the sale and purchase of securities listed on the teltel in Seocho-gu Seoul Metropolitan Government on February 12:09:23, the Defendant issued an order to purchase KRW 1,100 shares of KRW 1,100 from February 12, 2004 to February 27, 2004 through the Securities Account in the name of M; and immediately thereafter, from February 12, 2004 to February 27, 2004, the Defendant issued an order to purchase KRW 1,00 shares of KRW 1,100 through N at the same price as indicated in attached Table (1) in the same manner as indicated in attached Table (1).

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