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(영문) 서울남부지방법원 2016.06.21 2016고단1356 (1)
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

J, in order to success in K Co., Ltd. (hereinafter “K”) M&A and dispose of approximately 3 million shares in the name of the vehicle, the K paid approximately KRW 420,000 of K shares and KRW 90,000 of cash and checks with market price at the market price when requesting the management of the market price of the shares to Defendant and L, M, N,O, P, Q, R, etc.

The J, as the 2nd shareholders of K, requested the management of the market price of L, N, M, P, etc., the defendant, M,O, Q, etc. to provide a market price for the purpose of artificially raising the share price and disposing of the shares at a higher level, and L has introduced the defendant, M, etc. to J and played a role in artificially supporting or maintaining the share price of the K shares by transmitting the market price to the defendant, M, etc. along with N, and the defendant has provided approximately 27,000 shares from J, L and N, and delivered them to the bond company S, etc. to collect the share price by selling the shares.

As such, the Defendant conspired with J, L, M, N, Q, R, etc., and the same year from April 10, 2013 to April 10, 2013, as shown in Annex A (A).

5. By around 30.30, in the course of trading company’s shares using approximately 20 securities accounts, 496 times in total, including, but not limited to, 158 high-priced purchase (41,531 share), 233 times in quantity (363,603 share), 29 times in quantity (68,308 share), 22 times in which the closing price is involved (76,200 share), 54 times in the highest collaborative trade (31,281 share), and 96 times in total (945,923 share) from 93 won (as of March 7, 2013) to 1,610 won (as of March 7, 2013) to 1,610 won (as of March 15, 2013).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a suspect by the prosecution against J, L, M, or N;

1. P, Q, R, and M.

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