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(영문) 서울남부지방법원 2015.07.23 2015고단2273
자본시장과금융투자업에관한법률위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 11, 2015, the Defendant had been sentenced to a suspended sentence of two years for one year and six months in accordance with the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court, and the judgment became final and conclusive on June 18, 2015.

2. From December 2, 2012 to January 2013, C related to the crime, purchased a large quantity of stocks of a stock company at low-value with funds raised through stock security loans, and disposed of them at high-value through the price manipulation, with the intention of gaining enormous profits.

As a result, C shall pay KRW 630 million to D with the fund for price manipulation when requesting D to make a price manipulation, D shall submit a direct market manipulation order, and D shall again make payment of KRW 600 million with the above money when requesting E to make a price manipulation. E shall submit a direct order for price manipulation or again make a price manipulation to F, G, H, and I, and paid KRW 530 million with the above 600 million in installments. G and H paid KRW 40 million with the direct order for the price manipulation or requesting the J to make a price manipulation. G and H paid KRW 21 million with the Defendant requesting the price manipulation. Accordingly, the Defendant andJ submitted the direct order for the price manipulation.

In addition, while explaining the above circumstances, C requested K to raise funds for the purchase of shares and manipulation for market price, and K to submit direct market price manipulation orders.

3. In the course of trading stocks issued by a new stock company from February 12, 2013 to June 28, 2013 in collusion with or in sequence with C, K, D, E, F, G, H, I, and J as above, the Defendant: (a) traded the stocks over 426 times (86,500 shares) for the purpose of causing another person to mislead or mislead any other person to make a wrong judgment as if the trading was conducted; and (b) purchased the stocks over 3,038 (459,140 shares) for the purpose of inducing the trading of listed stocks.

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