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(영문) 서울남부지방법원 2014.08.28 2010고합563
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall mislead any person to cause a misunderstanding that the trading of listed securities or exchange-traded derivatives is booming, or cause any other person to mislead any other person into making a wrong judgment.

C as the representative director of D (former Co., Ltd. F., Ltd.; hereinafter “D”) the share price needs to be maintained to be at least KRW 1,100,00 in the course of converting into equity convertible bonds equivalent to USD 10,000 issued by D, with the relation of “where D share price falls short of KRW 110,00,000, D would make up for the difference to E.”

However, not only a large volume of D shares held by E but also a large number of D shares issued by C without payment of the share price, so the volume of D shares sold increases substantially, so the share price will be reduced to less than 1,100 won.

Accordingly, C conspiredd to artificially support D's share price through the best sale method by drawing G and the Defendant.

From December 14, 2009 to February 23, 2010, the Defendant, in collusion with C, G, etc., engaged in the most trade of 9,488 shares in total on 91 occasions, such as the list of crimes (excluding Nos. 7) in the attached Form No. 99,488 shares.

Summary of Evidence

1. The witness H in the fourth trial records, the witness G in the fifth trial records, and the witness C in each part of the sixth trial records;

1. The partial statement of each prosecutor's protocol of interrogation of the accused, C, H, and G

1. A written statement of I and J;

1. Details of suspicion of unfair trade;

1. A copy of the investigation report (a copy of the data proving the manipulation of D share price);

1. An investigation report (in addition, a report on the execution and delivery of a warrant of search and seizure);

1. To report the result of search and seizure warrant execution;

1. An investigation report (report accompanied by a detailed statement of accounts for stock manipulation management);

1. Investigation reports (investment status and details of transactions, certificates of principal guarantee);

1. An investigation report (a report accompanied by a stock price manipulation contract and a statement of accounts);

1.(States)A report accompanied by a copy of the telephone number of each D officer or staff.

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