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(영문) 서울북부지방법원 2012.07.20 2011고단3258
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant, in the name of “C” at a stock-only portal site B, intended to recommend members who pay monthly membership fees to recommend investment promising items. While installing five computers and ten monitors at the office of the Dongdaemun-gu Seoul Metropolitan Government Defendant D Defendant’s office and managing 11 accounts, including the Defendant’s account in the name of the Defendant (E) opened at the National Bank of Korea 26 points of KIKO Securities, and managing 11 accounts, such as kids, kids, etc., by linking the home trading system (HTS), which is an online securities trading system, with the price control for items with low price and trading volume.

1. No one shall make any transaction, such as an order for high-priced purchase and a low-priced purchase and order for exchange-traded derivatives, creating a misleading appearance of active trading of listed securities or exchange-traded derivatives or changing the market price thereof, with an intention to attract anyone to trade such listed securities or exchange-traded derivatives;

A. At around 10:53:46 on June 12, 2009, the Defendant concluded an order to purchase (receiving number 5:584) 2,530 won higher than the immediately preceding contract price and 2,510 won higher than the other party's 2,510 won (receiving number 584), and entered into the entire order to increase the current price from 2,510 won to 2,530 won from October 15 of the same year from that time, as described in attached Form 1 (hereinafter referred to as "the order to purchase f.e., 823,716 shares high from 158 times to 810,285 shares high from c.i., the order to purchase f.e., the Defendant's office.

B. At around 14:33:08 on June 19, 2009, the Defendant purchased 5,000 shares from 1,750 won higher than the immediately preceding contract price and 1,750 won higher than 1,735 won.

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