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(영문) 서울남부지방법원 2017.07.13 2016고단4549
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No one shall sell or purchase, in collusion with another person to sell or purchase listed securities or derivatives in the same time as he/she sells or purchases such securities with intent to mislead another person to make a wrong judgment, or sell or purchase such securities in a false manner with another person, or sell or purchase such securities without intent to transfer his/her right, and no person shall trade such securities or derivatives in the future with intent to attract another person to trade such securities or derivatives in the future, or trade them or entrust or be entrusted with such sale or purchase with intent to cause another person to trade such securities or derivatives in a false manner with intent to cause another person to make a wrong judgment.

The Defendant, at around 13:18:35 on October 27, 2014, submitted a purchase order of KRW 70 and KRW 2,080,00,000 from the three securities account in the future of D in the name of the wife in Seoul (hereinafter referred to as Seoul: the account number): 1:2,010 won (28 shares); 1: 2,025 won (1,002 shares); and 2,010 won (2,002 shares); 70 won (5:0 won (5,000 won) compared to the former; 1; 2,080 won (5:0 won) compared to the sales order of KRW 33,33, Dong-dong, Yeongdeungpo-gu, Seoul. on the same day, the Defendant concluded a purchase order of KRW 5,006.

The Defendant, including this, shall place an order for the highest purchase of 33,454 high-priced shares over seven occasions for the purpose of inducing the purchase and sale of 58,001 stock prices, and shall place an order for the highest price of 11,349 high-priced shares over seven times in seven times in total, for the purpose of inducing another person to misunderstand that the sale and purchase is sexually active, from October 27, 2014 to October 29, 2014, as shown in the List of Crimes, through two accounts, including the three securities accounts, etc., or from October 27, 2014 to October 29, 2014.

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