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(영문) 서울남부지방법원 2016.09.29 2016고합144
자본시장과금융투자업에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The criminal defendant, B, C, D, E, and F are market price control experts in relation to the motive of crime and conspiracy.

G Co., Ltd. (hereinafter “G”) is a company established on March 28, 201 for the purpose of software development business, etc.

The former representative director and the person who has actually acquired G (hereinafter referred to as the "G management") had a warranty (certificate that grants the right to live in a certain number of common shares at a certain price) equivalent to 10 billion won to G which was immediately preceding the abolition of the listing.

B and C have been recruited as follows with G management:

G Management, who seems to have entered into a merger contract with B, shall transfer a unit of 10 billion won to B and bear the cost of operating the market price.

B and C shall be divided by selling the shares issued at the time of exercising a unit after supporting the share price through the market price steering force.

According to the above plan, C conspired with the Defendant to support G share price in the following order:

C requested the defendant to maintain the share price after setting the upper limit of the share price on the condition that the defendant provides 150,000 shares as security.

C paid KRW 50 million to D at its expense and ordered D to purchase shares and maintain the share price, and D consented thereto.

C It provided E with an amount equivalent to KRW 20 million, and ordered E to maintain the share price after acquiring the amount equivalent to KRW 900,000 from KRW 700 to KRW 800,000.

C It provides F with a unit price of KRW 900,000 and supply cost of KRW 50,000,000, and then maintains the share price of KRW 100,000 and makes profits from the operation of the market price after the face of the week, C will pay the unit price of KRW 1,00,000 in addition to the unit price of KRW 1,00,000

The proposal and the F consent thereto.

(b) Any person who has committed a specific act of practice is trading listed securities or derivatives in the market.

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