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(영문) 서울중앙지방법원 2014.04.11 2013고합1329
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A [related to J’s primary manipulation (from December 29, 201 to March 26, 2012)]

A. On June 2008, K, the president of the KJ (hereinafter “J”) borrowed approximately KRW 13 billion of the J shares owned by himself as security. On December 201, 201, the principal and interest of the above borrowed amount were approximately KRW 1.5 billion. K sold approximately KRW 9.7 million of the J shares owned by himself/herself and intended to repay the borrowed amount.

At the time JJ was approximately KRW 5,000 per share, and on December 2, 2011, K agreed that with respect to L, M, L, and M’s shares 2 million stock owned by K in the middle of the mid-201, K acquired a block with a price exceeding KRW 8,00 per share of at least 8,00 per share of the trading price of the block with a view to purchasing more than KRW 8,00 per share of the trading price of the block with a view to purchasing more than KRW 8,00 per share, such as L and M.

Since December 29, 2011, L and M controlled the market price of J shares by means of offering stocks for mortgage at the time of collecting J shares or demanding the collection of incentives to be received from K to Defendant A, N,O, etc. from around December 29, 201.

Defendant

A submitted an order of market price maneuver and so-called "J shares", and sold them in bulk by means of the account in the name of Defendant A and Q. On January 2012, A introduced S that 580,00 J shares held by Co., Ltd. in and outside of Korea sold in a lump sum to the stock market and would be able to take over the above 580,00 shares to prevent stock price decline in order to prevent stock price decline, and provided them with L and Q to purchase the above 580,00 shares of J shares received through L and M to purchase the above 580,00 shares by providing them as security.

B. Defendant A, as above, will control the market price of K, L, M, S, etc. with respect to the price manipulation of stocks.

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