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(영문) 서울중앙지방법원 2014.02.19 2013고합1408
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to a suspended sentence of three years on July 24, 2012 at the Seoul Central District Court, which was sentenced to a suspended sentence of one year and six months for fraud, etc.

(1) On June 2008, the President E borrowed approximately KRW 13 billion as security about D shares owned by himself/herself. On December 201, 2011, the principal and interest of the above borrowed amount was about KRW 15 billion, and E intended to sell D shares owned by himself/herself and redeem the above borrowed amount.

D At the time, approximately KRW 5,00 per share was about KRW 5,00 per share, and on December 2, 2011, E agreed that F and G with the trading expert for the share price of KRW 2,00,00 per share owned by F and G with a price of at least KRW 8,00 per share for the share price of KRW 8,00 per share and acquired for the share of over KRW 8,00 per share out of the share price of the vessel block with a price of at least KRW 8,00 per share, such as F and incentives.

Since December 29, 201, E, F, and G controlled the market price of D shares by means of selling and collecting D shares using their management accounts or requesting H, I, and J to sell D shares.

On January 2012, the Defendant received a request from F, G, etc. to purchase 580,00 shares of DD shares owned by F, K, etc. to the effect that D shares would rapidly fall if D shares were sold in the stock market, and that D shares would rapidly fall. Accordingly, the Defendant received 60,00 shares from K, L, etc., and purchased 580,00 shares by means of a conspiracy.

In addition, around February 2012, the Defendant received KRW 65 million from K as a collateral for purchase of shares, and purchased D shares equivalent to KRW 200 million by using the Defendant’s securities account in his wife M by means of high-priced purchase orders.

[Market price manipulation] The Defendant conspired with E, F, G, L, K, etc. in order to control the market price of D shares as above. From December 29, 201 to March 2012.

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