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(영문) 서울남부지방법원 2016.05.24 2016고단1356
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A succeeded to K (hereinafter “K”) M&A, and agreed to support the share price in order to dispose of approximately 3 million of K shares held in the name of the vehicle, and requested to operate the share price to Defendant B and L, M, N,O, P, Q, R, etc., and paid approximately KRW 420,000 of K shares and KRW 90,000 of cash and check with the market price at the market price.

Defendant

A as the 2nd shareholders of K, in order to succeed to K M&A by artificially raising the share price, and to dispose of the shares at a higher price, A requested the market price for Defendant B, M, L, P, etc., and O, N, Q, etc., and Defendant B introducedO, L, etc. to A, thereby promoting K M&A, and performed a role in artificially supporting or maintaining the share price of K stocks by transmitting the market price to L,O, etc. along with M, and theO provided approximately approximately 27,000 shares from Defendant A, B, and M, and delivered them to the bond company, etc., thereby raising the share price.

As above, the Defendants conspired with L, M, Q, R,O, etc., and the same year from March 5, 2013 from around the same day as the list of offenses (A, B) in collusion with L, Q, R, andO.

8. In the course of trading company’s shares through a 20 stock account until December 28, 200, high-priced purchase was made 539 times (52,194 note), 1,764 times in quantity (541,880 note), 86 times in purchasing 86 shares (264,470 note), 46 times in which the closing price was involved (143,294 note), 66 times in most trade (40,321 note), 2,501 times in total (1,542,159 note) (1,549 note) with an intention to mislead another person to believe that the trading was booming, or to mislead him/her to make a wrong judgment, and 2,501 times in total (1,542,159 note) with an order to operate the market price of 933 won (as of March 7, 2013) through 1,613).

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of suspect by some prosecutors against the Defendants

1. L. L.

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