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(영문) 서울남부지방법원 2016.01.15 2015고합386
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 11, 2015, the Defendant was sentenced to a suspended sentence of one year on the six months of imprisonment due to a crime of breach of trust in the support of Suwon Frigwon, which became final and conclusive on February 24, 2015.

[2] No one shall engage in the trade of listed securities as a misunderstanding that the trading of listed securities is booming or leading another person to make a wrong judgment, and shall engage in the trade of listed securities with a misleading knowledge that the trading of the securities is booming, or entrust or be entrusted with the trade of listed securities with a misleading knowledge that the trading of the securities is booming with a view to inducing another person to make a wrong judgment.

The Defendant, using 30 borrowed accounts in the name of 21 persons, such as wife F, and 5.2 billion won funds, in order to obtain profits from trading by operating the market price of G Co., Ltd. (hereinafter “G”) by operating the market price.

On May 9, 2013, the Defendant: (a) submitted an order to purchase 1,760 Won 2,860 Won through the borrowed-name account in the name of the branch in the name of the J of the branch in the treatment securities and submitted an order to sell 1,760 Won 2,860 Won 2,860 Won 2,860 Won 2,860 Won; (b) increased the share price to 2,860 won by 14:48:38 Won 2,845 Won 2,865 Won 2,865 won repeatedly in order to purchase high-priced shares from the office of the I Construction Co., Ltd. operated by the Defendant on May 9, 2013; and (c) the purchase price to 2,860 won and low-priced volume between 1,865 won to 2,865 won and 2,865 won; and (d) concluded the above order to purchase 14:665 billion won and low-priced amount to 286:16:65 billion won.

In the situation of 14:59:57 of the same day by submitting an order to purchase 4,100 Won 2,90 through the account in the name of K of the branch office in the name of the borrowed account and submitting an order to purchase 4,100 Won 2,875 won for the expected conclusion of the contract, etc., and submitting repeatedly the order to purchase high value and to reduce the volume until 14:59:57 of the same day.

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