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(영문) 서울남부지방법원 2015.12.24 2014고합469
자본시장과금융투자업에관한법률위반
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.

However, Defendant A, B, and D.

Reasons

Punishment of the crime

As seen below, the part against the judgment of innocence among the facts charged in this case includes considerable part of the facts charged in this case. Thus, the facts charged are only core facts of the facts charged in this case and facts within the necessary limit.

[Basic Facts] Defendant A, a joint founder of S Co., Ltd. (S) (hereinafter “S”), which is a company listed on KOSDAQ established on August 6, 2001 for the purpose of information service business, had been willing to sell the shares of 728,850 share equivalent to 5.93% of the total number of shares issued on November 2009.

Defendant

D as a part of Defendant A’s society, the following: (a) from November 2009 to November 2009, the person who would sell S shares at the request of Defendant A was asked to introduce T to Defendant A.

On May 1, 2014, the Seoul High Court sentenced two years to imprisonment with prison labor at the Seoul High Court on May 1, 2014, and the said judgment became final and conclusive upon the dismissal of the appeal by the Supreme Court on July 24, 2014. The term “ player” includes Defendant A and Defendant D’s request and includes Defendant B, which is another “ player”, and T voluntarily traded stock price manipulation.

Defendant

B At the request of T, the instant SP participated in the manipulation of market prices and sold and purchased S shares.

【Criminal Facts】

1. On November 2009, Defendant A asked Defendant D to introduce a person who can sell S’s stocks, with the mind of selling S’s stocks held in bulk, as seen above, during the public offering.

Upon receipt of such a request, Defendant D made a proposal to the effect that “A will immediately retire from the S in service as an executive officer, but I would like to dispose of the S shares held with retirement.”

Since then, Defendant A and Defendant D have sold the S shares between T.

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