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(영문) 서울중앙지방법원 2013.06.11 2013고단1227
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who served as a representative director of I who has the head office in the sixth floor of H building in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B works as a director in the above corporation I while working for the above corporation I, and is a person who participated in the stock trading at the direction of Defendant A while taking charge of the practical work of stock trading.

On the other hand, the J Co., Ltd. (hereinafter “J”) is a permanent self-management real estate investment company that has obtained business licenses from the Ministry of Land, Transport and Maritime Affairs in accordance with the Real Estate Investment Company Act around October 5, 2010 and is listed in the securities market on or around March 10, 201, and is a major business subject to acquisition, improvement, operation and disposal of profit-making real estate, development of real estate, investment in NPL goods, sale and purchase of securities related to real estate, acquisition, management and disposal of real estate trust rights.

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

Nevertheless, around March 8, 2012, Defendant A and B entered into a contract to acquire 680,000 won of the J shares from the major shareholders L of the said J, including a management premium of 10,8882,000 won, and first, to acquire 3,90,000 won of the above 6,80,000 won per share of 3,780,000 won.

At the time, 3,90,00 shares of L were provided as security to registered bond companies, etc., and the defendant A and B should preferentially pay the bonds of registered bond companies in order to acquire the above 3,90,00 shares.

On the other hand, Defendant A and B are in possession of themselves at the time.

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