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(영문) 서울중앙지방법원 2014.02.07 2013고합891
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for a period of two and a half years, for a period of two years, for a period of two years, and for a period of one and a half years, for defendant E, respectively.

(b).

Reasons

Punishment of the crime

Defendant

On November 26, 2012, I was sentenced to two years of suspended execution in October due to the violation of the Securities and Exchange Act by the Seoul Eastern District Court, and the judgment became final and conclusive around March 2013.

Defendant

A is the majority shareholder of C(hereinafter referred to as “C”) and the defendant E is the head of the finance division of C.

1. The Defendants’ co-principal

A. Defendant A, such as a breach of the Financial Investment Services and Capital Markets Act (1) due to the primary market price manipulation (from December 29, 2011 to March 26, 2012), borrowed approximately KRW 1.3 billion as security around June 2008, approximately KRW 4 billion of the C shares he/she owns, and the principal and interest of the above borrowed amount was KRW 1.5 billion around December 201. Defendant A intended to sell C shares he/she owns and redeem the said borrowed amount.

At the time, C was approximately KRW 5,000 per share, and on December 2, 2011, Defendant I and N agreed that Defendant I and N acquire, under the pretext of incentives, for the part exceeding KRW 8,000 per share of 2 million stocks owned by Defendant A, at a price of at least 8,000 won per share, with respect to the share of KRW 2 million in the stock owned by Defendant I and N, which are an expert in the stock price manipulation.

Since then, Defendant I and N performed market price operation by collecting C’s shares using their own accounts. From January 13, 2012 to April 18, 2012, Defendant I provided 80,000 shares issued from Defendant A as a block cover, etc. to O, P, Q, etc. with the stocks for house security.

In addition, Defendant A ordered Defendant E, the head of the finance division, to operate the market price of shares C in order to support the share price, and Defendant E, the head of the finance division, collected a certain amount of money each month from January 2012, is used for the welfare of employees, such as lending C’s housing purchase funds to the employees.

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