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Defendant
EM shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
However, Defendant EM is subject to this.
Reasons
Punishment of the crime
[criminal power] On December 9, 2005, Defendant A was sentenced to five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on May 11, 2009 and completed the execution of the above punishment. On February 20, 2013, the indictment of the Gwangju District Court is written as "Seoul Central District Court" but it seems to be written as a clerical error.
In the case of fraud, three years have been sentenced to imprisonment, and the above judgment became final and conclusive on October 17, 2013.
【Criminal Facts】
1. Defendants’ violation of the Financial Investment Services and Capital Markets Act due to the first market price operation (from December 29, 2011 to March 26, 2012) of joint-use fund holding company shares in the joint-use fund holding company
A. On June 2008, the president ES borrowed approximately KRW 13 billion as security about ER stocks owned by himself/herself, and around December 201, 201, the principal and interest amount of KRW 15 billion was over KRW 1.5 billion. ES intended to sell approximately KRW 9.7 million of ER stocks owned by himself/herself and repay the borrowed amount.
At the time ERE share was KRW 5,000 per share, which was an ETS and a stock price manipulation expert, and the EU agreed to purchase the block with a price exceeding KRW 8,000 per share on December 201, 201 for the stocks owned by ETS, the EU, and the price exceeding KRW 8,00 per share for the stocks owned by ETS, with a price exceeding KRW 8,00 per share, for the stocks owned by ETS, the ET and the EU acquired for incentives.
Since then, ET and EU used their management accounts to conduct market price operations, and from January 13, 2012 to April 18, 2012, 80,000 ER stocks were delivered from ES as a block cover, etc., to Defendant EM, Defendant A, EV, EW, etc. to conduct market price operation.
In particular, Defendant EM written the written indictment from the EU on February 13, 2012, and March 6, 2012, KRW 200 million on March 30, 2012, but appears to be a clerical error;
on March 7, 2012, a total of KRW 500 million, including KRW 100,000,000.