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(영문) 서울중앙지방법원 2013.09.26 2013고단2403 (2)
자본시장과금융투자업에관한법률위반
Text

Defendant

L. 1 year of imprisonment and fine of 50,000,000 (O00,000), Defendant V. is punished by fine of 100,000.

Reasons

Punishment of the crime

No one shall buy and sell, or entrust or be entrusted with, securities or exchange-traded derivatives with an intention to attract anyone to trade such securities or exchange-traded derivatives, creating a misleading appearance of active trading or causing a fluctuation in the market price thereof.

Nevertheless, Defendant L, Defendant M, Defendant N, DefendantO, Defendant P, Defendant Q, Defendant Q, Defendant B, Defendant R, S (Suspension of Prosecution on the same day) and T (Suspension of Prosecution on the same day) were offered in a successive manner as follows.

Defendant

L as the largest shareholder and the representative director of the KOSDAQ-listed corporation, Inc., Ltd. (hereinafter “V”) in the Dong-gu Seoul Metropolitan City of Gyeonggi-do, and I think that L is a usual V’s share price is low. At around the spring of 2010, I asked about whether there is a way to support the share price because the share price of Defendant M is too low since the share price of Defendant M is too low and discussed with Defendant M.

Defendant

L, after the springing of 2010, L, as an intermediary of Defendant M, has been conducted for the institutional investors, etc., but L had continued to refuse investment on the ground that the total market price is small, and caused difficulties in attracting investment by institutional investors, etc.

On the other hand, Defendant M endeavored to conduct the IR activities upon Defendant L’s request, but it became known that the total market price should not exceed 50 billion won even in the case of small and medium-sized investors, and that in the case of large-sized investors, it is possible to attract investment to be at least 20 million won or KRW 300 million in the total market price.

Therefore, it is difficult for Defendant M to attract large-scale investors from the beginning. As such, onceever, it is difficult for Defendant M to invite individual former owners to sell shares in the market, so the total market price exceeds 50 billion won by collecting more than twice the shares in the market.

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