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(영문) 서울남부지방법원 2019.04.30 2018고단6531
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No one shall mislead any person to cause a misunderstanding that the trading of listed securities is booming in trading, or cause any other person to make a false judgment with an intention to transfer his/her right to trade such securities, or trade such securities with a intention to attract another person to trade such securities, or trade such securities with a misleading knowledge that the trading of such securities is booming, or trade such securities with a view to inducing another person to trade such securities, or trade such securities with a misleading knowledge that the trading of such securities is booming.

Nevertheless, around May 2014, in order to raise the medical expenses and living expenses of the mother-child who was hospitalized at a stroke, the Defendant put down the share price on a short-term basis through a trading order, and sold shares to acquire profit margin on a short-term basis.

From May 29, 2014 to June 11, 2014, the Defendant artificially submitted 44 times (2,093 weeks), order for highest purchase, order 16,251 (514,829 weeks), order 492 times (13,807 weeks), order for small quantity, order 15 times (161,091 weeks), order for small quantity, order 136 times (230,494), order for purchase, order 136 times (230,494) and order for 136 times (230,494) to a third party, for the purpose of inducing another person to make a false judgment or to attract another person to make a wrong judgment, using 7 securities accounts in the name of the Defendant.

In addition, from May 29, 2014 to March 11, 2015, the Defendant, using 7 securities accounts in the name of the Defendant from May 29, 2014, sold and purchased 12 items, such as the listed in the attached list of crimes, and submitted a market price manipulation order of 98,187 (9,729,386 shares).

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