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Defendant shall be punished by imprisonment for a term of eight years and by a fine of two hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The Defendant 2010 Gohap 318, along with the representative director C, etc. of a stock company B (hereinafter “B”). Unlike the fact that the stock trading in the securities market and the KOSDAQ market was conducted by opening an account at the securities depository and depositing stock certificates, and by means of an alternative entry between the account book, the sales of stocks by unlisted companies was conducted in an individual form between the seller and the purchaser, and the sales party submitted a written contract for acquisition of stocks by unlisted companies to the company, based on this, the company is going through the process of submitting a revised name on the shareholder registry and delivering the stocks to the purchaser by sealing the corporation’s seal on the certificate of stock custody, and thus, it cannot be confirmed if the company as the holders of stocks by unlisted companies did not accurately inform the company of whether the stocks are held or not, and the total issued stocks are not.
B’s issued shares are 10,083,896 shares as of December 23, 2005; C’s shares 6,247,329 shares; 13,49,244 shares as of December 27, 2006; C’s shares 13,145,295 shares; 24,113,042 shares as of October 23, 2007; among them, C’s shares 23,092,447 shares as of June 1, 2008; and C’s shares 39,913,042 shares as of June 1, 2008; C’s shares 26,892,447 shares as of December 27, 2006.
In this regard, C announced the false facts about B’s export contract through magazines and the Internet, and ordered the general public to mispers the Defendant to sell B’s shares as if the value of B’s asset and the stock price sharply rise, as the sale of B’s shares increases in the future, and the Defendant, despite being aware that he sold shares in excess of the total number of shares issued, requested D, etc., a broker other than the company, to sell them as follows.
The defendant on January 19, 2005.