The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The so-called “short price manipulation” refers to a new market price manipulation in order to maximize profits within the safe range of the next day by absorbing the remaining amount of sales with the enormous capital by using investment deliberation by ordinary investors who engage in stock transactions with the so-called “short price manipulation.” In preparation for a case where the upper limit is lowered, the upper limit is continuously put the purchase order into a brush and maintaining the upper limit.

Even if the defendant's act is a single item for an important reason that does not constitute a market price manipulation, it is difficult to recognize the intention of the market price manipulation since the defendant's trading volume is too low due to the extreme volume in light of the case of several hundred thousands or several millions recommendation, so it is difficult to recognize the intention of the market price manipulation. However, since the primary trading is conducted at a certain point, it is very unreasonable to analyze and determine the market price situation of the net trading at which the market price is controlled, and determine the possibility of the market price manipulation based on the total trading volume per day.

In this case, the average 221% of the remaining sales volume due to the defendant's purchase order was lowered, and the average 561% of the sales price was increased, and the purchase order in excess of five times prior to the defendant's order was introduced, the influence of the purchase order by the defendant is enormous.

B. According to the purpose of buying and selling inducement, the Defendant’s trend of market manipulation, attached to the Defendant’s residential computer monitors, i.e., “the upper price trading is eating the market value,” the computer printed materials seized in the residence, i.e., three principles for the sale of Laos, and the printed materials from the computer nick file, etc., the contents of the market price are clearly acknowledged in order to obtain market profits.