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(영문) 서울남부지방법원 2017.08.08 2017고단274
증권거래법위반등
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 30, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on November 30, 201, and the judgment became final and conclusive on December 8, 2010.

[ criminal facts] The defendant is a person in charge of finance of D from July 9, 2008 to April 29, 2009, who served as the representative director of D's LAF (hereinafter "F").

1. No person who operates the market price shall jointly trade to the KOSDAQ market with an intention to jointly fix or stabilize the market price of securities;

On July 2007, the Defendant agreed to provide F with G, a representative director of F, a KOSDAQ market listed company, and solar energy-related business that D was being promoted, to F, and issued F bonds converted to F for raising funds for the establishment of solar power plants around August 2007.

After that, from November 2007, a claim for conversion of converted bonds was made, and 1,039,69 share price was converted to FF shares.

However, after the F's request for conversion, the F's price drop below 5,00 won and the F's price drop below 5,00 won, and when the F's shares offered to the credit service provider are likely to fall due to the price drop, the Defendant and D, and D, G requested H to implement the stabilization of the price by controlling the price of the F's shares with a view to preventing the opposite trade and fixing the price of the F's shares at the time of or stabilizing the price of the F's shares. H accepted the said proposal on condition that H will receive 10% of the purchase shares price as the commission, while ordinaryly known.

I provided funds to I, re-requesting the market price operation of FF shares.

As such, the Defendant, D, etc. agreed to operate the market price of shares with J and F, and H play a role of directly operating the market price of shares, and H plays a role of settling the market price of Defendant H into daily accounts and reporting the market price of Defendant H, and I plays a role of directly operating the market price of shares, separate from H.

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