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(영문) 서울남부지방법원 2015.06.09 2015고단1210
자본시장과금융투자업에관한법률위반
Text

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

except that 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

1. On April 19, 2013, G, the representative director of the F Co., Ltd. (hereinafter “F”), and related parties, entered into a contract for “the acquisition of stocks and the acquisition of management rights” to acquire the total amount of KRW 2,530,320 stocks and the acquisition of management rights for KRW 5 billion under the name of the F Co., Ltd. (hereinafter “F”), and paid all the price.

In addition, F, around June 4, 2013, by holding a general meeting of shareholders and appointing H as representative director and D as representative director, the shares and management rights of F were transferred to E.

Meanwhile, D et al. received the F’s preemptive right securities (i.e., one unit) from G in the process of acquiring the above management right, and received approximately KRW 1.6 million in total from August 1, 2013.

After artificially supporting F's share price, D et al. asked I to identify the bond companies that will procure the price of the soft event when requesting price manipulation by selling the shares converted from the price of the shares converted from the exercise of the said set as above, and I requested I to see the bond companies that will procure the price of the soft event, and I color the bond companies that will accept the soft or requested the Defendant, J, K et al. to make price manipulation.

Accordingly, from July 12, 2013, the defendant submitted the market price manipulation order directly using two borrowed accounts such as L, etc., which is the birthee from July 12, 2013, or introduced M and N, which is another market price manipulation expert, to I, and the defendant submitted the market price manipulation order using J and K, etc. and also submitted the market price manipulation order using the borrowed account.

2. In the course of trading F shares through several securities accounts from July 12, 2013 to September 23, 2013 in collusion with D, I, J, K, K, M, etc. as above, the Defendant committed the manipulation of market prices, with the aim of misleading others to make a false judgment or causing them to make a false judgment (i).

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