logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2012.02.10 2011고단963 (1)
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

No person shall make a mistake that the transaction of securities of a listed company is booming of active trading, or make a disguised transaction that does not aim at the transfer of rights with the intention to mislead another person into making a wrong judgment.

Nevertheless, from June 2009 to July 2009, the Defendant gathered with the above H, etc. to engage in price manipulation with a view to raising the stock price of the above company by using the borrowed name securities account received from W, a real representative of H, for the purpose of using the borrowed name securities account.

On July 9, 2009: around 13:57:47, the Defendant issued an order to purchase 22,000 shares of Co., Ltd. V at the price of 510 won through the e-securities delivery account in the name of X, a borrowed account managed by the Defendant; and immediately thereafter, around 14:10:57, the Defendant issued an order to sell 10,000 shares of the above company at the price of 510 won, and entered into the same price from July 9, 2009 to July 10, 2009, by selling 10,000 shares of the above company at the price of 510 shares through the e-securities delivery account in the name of H, a borrowed account managed by the Defendant. From July 9, 2009 to July 10, 2009.

Summary of Evidence

1. Each legal statement of the witness Q, P, W and H;

1. The defendant asserts that he did not make a stock transaction as in the instant case, as to the defendant's argument, as to the reorganization data by account (Evidence No. 567 of the Record), investigation report (Preparation of Crime List, Evidence No. 1792- 1793 of the Record).

Therefore, according to the above evidence, H leased the business center in Gangnam-gu Seoul, Y to have the Defendant manage the share price, W under H’s direction, and W under H’s direction, the treatment securities account in the name of the Z, X’s H securities account, the H securities account in the name of X, and the Korean investment securities account in the name of AB, which are the borrowed account managed by H Co., Ltd. (hereinafter “V”).

arrow