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(영문) 서울남부지방법원 2016.04.28 2015고단5210 (1)
증권거래법위반
Text

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

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

Reasons

Criminal facts

1. On October 24, 2008, the Defendant was sentenced to a suspended sentence of one year for a violation of the Securities Transaction Act at the Seoul Central District Court’s imprisonment with prison labor for a violation of the Securities Transaction Act, and the judgment was finalized on November 1, 2008.

On the other hand, Co., Ltd. (hereinafter “B”).

of the vice-presidents of the Commission who have been in charge of general management affairs;

C was actually involved in the operation of the firstman B on December 2007.

Upon receipt of the request from D to identify the person who will manage B's share price, the request was made to the purport that the defendant who was aware of that person who would support B's share price was asked to identify the person who would support B's share price, and the defendant introduced the joint defendant E (which was separated on January 28, 2016 and sentenced to judgment) who was aware of that person who would control B's share price, and the defendant asked C to support the share price, and C requested the joint defendant E to support the share price.

As above, the co-defendant, who was requested by C to support for the market price, issued 90 million won as a security for the operation of the market price to F, while carrying out the direct operation of the market price directly after C, re-requesting the operation of the market price B, and F accepted the proposal of the co-defendant under the condition that he receives 8% profit of the monthly 8% of the market price related to the operation of the market price 2 billion won.

Thus, F decided to control the market price of B shares with H, I, and J, the employees of G that it operates, and F recruited to take charge of the role of F in direct market price control, the role of H in providing a securities account necessary for market price control, and assisting H in raising funds necessary for market price control, the role of F in daily settlement of accounts, and the role of H in providing a securities account necessary for market price control, etc.

2.The specific action is taking place with respect to the sale and purchase transaction of securities listed on KOSDAQ.

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