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(영문) 서울중앙지방법원 2015.02.12 2014고단8621
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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. Market price manipulation;

A. On July 27, 2010, 209: (a) A person who has conspired to purchase and sell shares at the same time as he/she sells and purchases shares with the Defendant’s Dong D (Death on July 201) for the purpose of misleading judgment or causing another person to make a false judgment; and (b) on July 27, 2010, 209:01:54, an offer was made to purchase and sell shares with the same price or agreed value with the Defendant’s Dong D (Death on July 20, 201) and then paid an order for selling shares of 5,080 won to KRW 185, 3:05:50 after he/she paid an order for selling shares under the name of the Defendant used by Do 5,080, and then entered into an order for purchasing shares from 105 won to 185 won on March 18, 2018, etc.

1. As indicated in the list of crimes, the Defendant and D conspired to trade 12 items of stocks over a total of 10,266 occasions between the accounts managed by the Defendant and D, and so forth.

B. On July 26, 2010, the Defendant, including high-priced purchase orders, conspired with D to attract trading at the securities market or the KOSDAQ market, and attached Form between March 15, 2010 to October 18, 2010, between 170 won (44,980 shares) and 175 won (1,729,220 won) and 175 won (1,729,20 won) in the name of the Defendant managed by the Defendant, including an order to purchase high-priced 175 won higher than 5 won (10 won) immediately before the immediately preceding transaction through the fraudulent securities account in the name of the Defendant.

2. A total of 22,339 times, such as the statement in the list of crimes, trading orders were made to mislead people into being aware of the fact that the trading of shares was booming over 12 items, or to change the market price.

2. The total number of stocks, etc. held by a stock-listed corporation that violates the duty to report on stocks, etc. held in bulk and its specially related persons is at least 5/100 of the total number of such stocks, etc.;

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