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(영문) 서울중앙지방법원 2014.01.16 2013고합1150
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall sell or purchase securities in collusion with another person to buy or sell the securities at the same time as he/she sells or purchases the securities with an intention to attract another person to buy or sell them, or to cause another person to buy or sell them at the same price or in an agreed value as he/she sells or purchases them, with the intention to mislead another person into booming the trading of the securities, or to cause another person to make a wrong judgment with regard to the trading of the listed securities, or to sell or purchase them at the same time as he/she sells or purchases them with another person.

Around December 2009, the Defendant received a proposal from S that “AS would sell well 728,850 shares of Eclerbs Co., Ltd. (hereinafter referred to as “ Eclerbs”) to offer 72,00 shares of Eclerbs in return for the disposal of them.”

Therefore, in order to sell eclerable stocks at a high price, the Defendant artificially repeated the purchase and sale of eclerable stocks using HTS (HTS) in the Seocho-gu Seoul AU building 423 and the AW office located in Gangnam-gu Seoul Metropolitan Government AV in order to sell eclerable stocks at a high price.

At around 10:05:13 on January 14, 2010, the Defendant submitted an order for high-priced purchase of KRW 120 and KRW 1,500 on 7,470 on 120 higher price compared to U’s immediately preceding transaction (Account No. AX) and KRW 1,50 on 14:49:58 on 14:58 on 14:58 on 14:40 on 7,940 on 1,00 on 40 won and 1,00 on 83 consecutive orders for high-priced purchase of shares, and submitted an order for high-priced purchase of KRW 7,350 through 7,7,90 on 7,90 on 50 on 7,90 on 14:50 on 14:58 on 00 on e.g., the e., high-priced shares.

As above, the Defendant purchased ecridable stocks at a high price.

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