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(영문) 서울중앙지방법원 2014.01.16 2013고단6873
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On February 10, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Busan District Court on February 10, 201, and the above judgment became final and conclusive on February 18, 2012.

【Criminal Facts】

No one shall sell or purchase securities or exchange-traded derivatives in collusion with another person in order to mislead him/her to cause a misunderstanding that the trading of the securities or exchange-traded derivatives is booming of active trading or changing the market price thereof, or misleads another person to believe that the trading of the securities or exchange-traded derivatives is booming of active trading, or otherwise to sell or purchase the securities or exchange-traded derivatives in the same price as the trading of the securities or exchange-traded derivatives at the same time as the trading of the securities or exchange-traded derivatives is booming of active trading or to mislead another person into making a wrong judgment.

Nevertheless, the Defendant and E, F, G, H, I, J, K, L, M, and N were recruited in sequence as follows:

E is the largest shareholder and representative director of P Co., Ltd. (P) who is a company listed on the 8th, 7th, and 7th, Sungnam-si O-dong Co., Ltd. (hereinafter “P”), in the course of considering that the share price of Pyeongtaek P was low, E discussed how Q Q Co., Ltd., the chief and the broadcasting company, the head of which was known in Pyeongtaek-si, support F and the share price.

E, in the process of this process on November 10, 2010, at F’s recommendation, a corporate briefing session had been opened for more than 10 persons of institutional investors and personal list, but the P was refused to make an investment on the grounds that the total market value is small, and it is practically unreasonable to attract a large institutional investor from the beginning. Thus, it is difficult for F to attract a large institutional investor from the beginning. Thus, if the total market price exceeds 50 billion won by attracting a large-scale institutional investor through price manipulation, it is necessary to attract a large-scale institutional investor from the beginning.

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