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(영문) 창원지방법원 2013.07.03 2013고단823
범죄수익은닉의규제및처벌등에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) No person shall make a false representation in trading listed securities or exchange-traded derivatives in violation of the Financial Investment Services and Capital Markets Act as to trading such securities or exchange-traded derivatives, or otherwise make a false representation in trading such securities or exchange-traded derivatives with an intention to mislead another person into making a wrong judgment, and no person shall make a false representation in trading such securities or exchange-traded derivatives with an intention to attract another person to trade such securities or exchange-traded derivatives, and no person shall do any act of trading such securities or exchange-traded derivatives with an intention to mislead another person into trading such securities or exchange-traded derivatives or to cause another person to trade such securities or exchange-traded derivatives;

Nevertheless, with the intention of creating a misunderstanding that the trading of listed securities is booming, or inducing another person to make a wrong judgment, or inducing another person to trade listed securities, the Defendant set up four computer units on an officetel No. 103, 2103, the window no. 103, the window no. 2103, and used a securities account in the name of D and E, the Defendant artificially supported the price of the listed stocks and sold them to obtain profits from the market price in the following manner.

1) On September 2, 2011, around 10:48:0 to 10:48:59, the Defendant: (a) filed an order for high-priced purchase at the highest price of KRW 1,142,351 each share from that time to September 26, 201 by submitting an order for purchase at the 129 market via the Home Exchange Account opened in D name through the Home Exchange System; and (b) from that time to December 26, 2011, the Defendant issued an order for high-priced purchase at the highest price of KRW 1,142,351 each share, from that time to December 26, 2011, by submitting an order for purchase at the 129:20:13 on December 26, 2011 at the above place.

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