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(영문) 서울남부지방법원 2016.12.22 2016고합321
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. The defendants, D, E, and F are market manipulation experts.

The Defendant conspired to support G and H (hereinafter “H”)’s share price, and the Defendant conspiredd to support H’s share price in sequence as follows:

The defendant paid KRW 50 million to D at his own expense and ordered D to purchase shares and maintain the share price, and D consented thereto.

The defendant provided E with an amount equivalent to KRW 20 million and ordered E to maintain share price after acquiring a warranty amount of KRW 900,000 to KRW 700,000 or KRW 800.

The Defendant offered F with a set of KRW 900,000 and supply cost of KRW 50,000,000, and maintained the share price of KRW 100,000 and offered F with a proposal that F will additionally give rise to the occurrence of profits arising from price manipulation after the face of the week.

2. No person who has committed a specific act of implementation shall make a false representation in trading listed securities or exchange-traded derivatives, or make a false representation in trading such securities or exchange-traded derivatives with an intention to mislead another person to make a wrong judgment, or trade such securities or exchange-traded derivatives with an intention to attract another person to trade such securities or exchange-traded derivatives, or trade such securities or exchange-traded derivatives with an intention to cause another person to trade such securities or exchange-traded derivatives, or entrust or be entrusted with such trading;

From July 16, 2014, the Defendant, using NH Investment Securities Account in the name of I, issued an order to purchase 2,664 high-priced shares of KRW 1,00 and KRW 2,664 on the following day: (a) around 10:43:03 immediately preceding the 1,080 won and KRW 1,095 won (2,781 note) in the situation where the 1,080 won and KRW 1,095 won are immediately preceding the 1,095 won; and (b) was traded at the Korea Exchange located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

The Defendant and D are as follows:

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