The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) As used in the market price control of the unspecified Defendant and his accomplice in the public office, each of the securities accounts included in the facts charged of the instant case, excluding L, M, N,O, P, Q, J, the Bank of Korea, the Bank of Korea, BX, I, Z, and BA, causing interference with the Defendant’s exercise of defense by instituting a public prosecution without any explanation on the grounds that the remaining securities accounts, other than each of the securities accounts in the name of L, M, N,O, P, Q, J, the Bank of Korea, BY, I, and BA, were used in the market price control of the Defendant and accomplice

2) The fact that the Defendant conspired with G, D, E, F, etc. to operate the market price of the shares of H Co., Ltd. (hereinafter “H”) is recognized.

However, each of the securities accounts in the name of AZ, BA, and the Dispute Resolution Co., Ltd., J, L, M, N, and I (hereinafter “Defendant Recognition Account”) among each of the securities accounts included in the facts charged in the instant case, is actually used by the Defendant and his accomplice, so the transaction through the said account is recognized as an act of operating the market price of the Defendant and his accomplice, but the transaction through the remaining securities account is not included in the facts of the crime, regardless of the Defendant or his accomplice.

Therefore, the part of the judgment below which determined that a stock transaction through a securities account other than the defendant's recognized account constitutes an act of market price control by the defendant and his accomplice is unlawful.

3) The sentence sentenced by the lower court to the Defendant (one year and six months) is too unreasonable.

B. Prosecutor 1) In the part of the judgment of the court below that the Defendant or accomplices did not constitute a securities account used in the operation of the market price, each of the securities accounts in the name of R, U, V, W, X, andY is the securities account used by Z as an accomplice, and each of the securities accounts in the name of S and T.