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(영문) 수원지방법원 성남지원 2018.01.11 2017고합141
증권거래법위반
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The prosecutor was an expert in charge of controlling the market price of shares and was in charge of the crime of this case.

In spite of the institution of prosecution, there is insufficient evidence to acknowledge it.

D In order to obtain the management right of E (State) a company listed in the Exchange, it purchased the shares of E (State) in its name or under the name of F (State) that it operated, but failed to obtain the management right, and upon receiving an order to dispose of the shares of E (State) acquired in the name of F for the reason that it violated its duty to report mass ownership and breach of duty to dispose of the shares, 65,472 shares out of 209,197 shares, and upon receiving an order to dispose of the shares of E (State) in the name of F, it is decided to dispose of the shares of E (State) in accordance with the order to dispose of the shares of E (State), after temporarily passing the market price by a company specialized in the market price due to concerns over the decline in the share price, and after taking over the shares of E (State) around October 208, the Defendant agreed to operate the share price with his/her market price after taking over the shares of E (State) and then, the Defendant agreed to operate the shares with G (State).

H delivered the intent of the Defendant to the I, who was aware of the intention of the Defendant, and requested him to operate the market price directly, and I accepted H's proposal with the condition that 10% of the purchase price of the shares is paid as a fee, and he was willing to operate the market price directly with K, L, M, N, andO where the J's employee of his own operation was the employee of K, L, M, N, andO.

As such, the Defendant, in collusion with D, G, H, I, andO, takes a role in providing E (main week) shares necessary for the control of the market price; the Defendant gives H instructions to H; H delivers the Defendant’s orders and instructions to H; and H offers and manages securities accounts necessary for the control of the market price, together with K, L, M, N, andO at H’s request; and the order for the control of the market price is placed.

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