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(영문) 서울남부지방법원 2015.07.23 2015고단892
자본시장과금융투자업에관한법률위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and two months;

2. Defendant B is punished by imprisonment with prison labor for one year.

3...

Reasons

Criminal facts

[2015 Highest 892, 1162 (market price manipulation in the first AA shares of Defendant C, A, B, etc.)]

1. Defendant C, including the status of the Defendant, serves as the representative director of AB (hereinafter “AB”) from March 30, 2005 to October 15, 2007, while serving as the respective representative director of AA Co., Ltd. (hereinafter “AAA”) from March 30, 2007 to March 29, 2014, and served as the overall management of AA and AC Co., Ltd (hereinafter “AC”)’s funds, etc. as the overall management of AA and AC’s funds, etc. as the integrated management of A and AC’s overall duties. Defendant A and the representative director of AA, from around March 30, 205 to around September 15, 2007, Defendant A had been serving as the vice president of AB from around March 30, 2007 to around September 20, 2015 and Defendant B had already been serving as the main manager of AB from around 30, 2005.25

On the other hand, on December 5, 2008, AE (AF), a listed company of the Korea Exchange, merged AG, and changed its trade name to AA. After the merger, AC (the largest shareholder of AC, who holds 49.25%) holding 49.35% (the total number of outstanding shares 62,680,246 shares), AA and B, a listed company of AH Group Exchange, have 20 shares (AC, AC, AM,N, etc.), and Defendant D, a listed company of AH Group Exchange, owned 5340,00 shares of A, and Defendant C had 1,0650 shares of 1,0650 shares, so that it is difficult to purchase shares in the way of a large-time block (hereinafter referred to as “over-time block”) by means of such merger.

As such, Defendant C and AD, and Defendant A and B will be easy to withurize blocks.

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