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(영문) 서울남부지방법원 2016.01.26 2015고단5297
자본시장과금융투자업에관한법률위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 28, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court on the part of November 28, 2013, and the judgment became final and conclusive on April 10, 2014.

[The background of crime and public offering] D, along with E, purchased a large amount of shares below the market price of 1,00,000 shares of F Co., Ltd. (hereinafter “F”), a listed company in the courses outside the country, with the funds raised from around December 2, 2012 to January 2, 2013 through a stock security loan, etc., and concluded that D would obtain gains from the market price by disposing of them at a high price through the stock price manipulation.

Accordingly, as a result, D requested E to operate the market price by means of a conspiracy with a certain price or more within the market price in order to prevent a price drop, and thereafter, D subsequently paid KRW 1,500,000,000,000,000,000 from the disposal price owned as compensation for the purchase, and after submitting a direct market price steering order or requesting G to operate the market price again, E paid KRW 60,000,000,000,000, out of the amount paid from D as above, after submitting a direct market price steering order or requesting the Defendant, H, I, and J to operate the market price again, G paid KRW 530,00,000 among 60,000.

After having requested K, H, and L to operate the market price, the Defendant paid KRW 180 million out of the amount paid by G as above, and H requested K to operate the market price by paying KRW 20 million paid by G as above, and H continuously requested N to operate the market price by paying KRW 39.6 million, excluding the fee paid by the Defendant, through M., the Defendant continued to pay KRW 40 million, and I requested K to operate the market price by combining the market price of KRW 20 million and KRW 4 million paid by G with the price of KRW 24 million. The J requested K to operate the market price by adding the price of KRW 24 million with the amount paid by G.

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