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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
1. On February 3, 2006, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court as of February 18, 201, and the parole period was expired on June 2, 2007 in the military prison on the execution of the sentence. On September 7, 2011, the Defendant was sentenced to one year of imprisonment for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court’s order on October 31 of the same year, and the said judgment became final and conclusive on November 8, 2012. On November 8, 2012, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Seoul Central District Court for ten months, and the said judgment became final and conclusive on April 18, 2013; on June 19, 2014, the Seoul High Court sentenced imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court for two years and a fine of two million won on June 19, 2015.
2. The public offering related D was known to the general public;
E from E, “F share price to KRW 10,000, to receive KRW 3 billion from F F F’s private block with a view to getting KRW 10,000,000. In so doing, the F’s representative director G to buy the block with a view to 10,000 won, and the Defendant began to purchase the F’s shares with its own funds, etc. on November 5, 2009, with the proposal of “If the F’s share price is 3 billion won following the purchase of the block with a view to 10,000 won.”
In this regard, after November 20, 2009, the FF share price was reduced to 4,000 won due to the increase in the quantity of the opposite trade, and therefore, the EF share price was lost. D, together with the Defendant and H, received 700,000 shares of FF shares after finding out G, ordered the Defendant to acquire 400,000 shares and purchase FF shares with a loan for stock security to 10,000 won. The Defendant under the above D’s instructions received the above shares as collateral, and then used 5 computers in Gangnam-gu Seoul International Building 602, Seoul, which is its office, to operate the market price of F shares.