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Defendants shall be punished by imprisonment with prison labor for one and half years.
However, it is against the Defendants for three years from the date of the conclusion of this judgment.
Reasons
Punishment of the crime
[2015 Gohap 545] 2016 Gohap 107- Defendants’ violation of the Financial Investment Services and Capital Markets Act
1. The background of the crime and the public offering relationship with G Co., Ltd. (hereinafter “G”) were the actual owners of G Co., Ltd. (hereinafter “G”), and in the name of I and J, one time under the name of G Co., Ltd. 3,251,825 shares and a borrowed account, I held 5,927,180 shares, which are new shares related to K Co., Ltd. (B), a single-time new shares related to K Co., Ltd. (B), and held 2,491,280 shares, which are new shares related to K Co., Ltd. (BW) under the name of H.
L corporation controlled F was holding 6,790,220 shares of G, an affiliated company, and G was holding 3,985,774 shares of its own shares.
F In the process of disposing of a large volume of G shares (including the volume converting “work” into common shares) held in the name of A, H, etc. as above, the F requested Defendant B, etc. to operate the market price in order to sell the shares at a high price, and paid KRW 500 million to Defendant A, M, etc., through N Co., Ltd., an affiliated company of G, and Defendant B paid KRW 40 million for the purpose of operating the market price through Defendant A. The amount of KRW 40 million was paid to the P, Q, R, etc. for the purpose of operating the market price as a security for operating the market price. TheO, by dividing the above price control security into P, Q, R, etc., and subsequently requested Defendant B to operate the market price in order.
As a result, the Defendants conspired to operate the market price of the shares in F, M,O, P, Q, R, etc. in order.
2. No person who has committed an act of running the market price shall trade securities with a misleading appearance of active trading or causing a fluctuation in the market price with an intention to attract another person to trade listed securities, and the purpose of transferring his/her right is to mislead another person to trade securities, or to trade securities with a misleading appearance of active trading or causing another person to make a wrong judgment;