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(영문) 서울남부지방법원 2017.06.08 2016고정2694
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a professional investor, and there is room to increase the share price due to the difference between the Preferred Share B and the Preferred Share B.

Report (State) Attention to obtain profits from the market price by inserting the stock price with the purchase of B preferential stock.

The Defendant from around February 19, 2014

6. By November 1, 200, by submitting an order to operate the market price of 799 times in total (61,692 note), including submitting an order to purchase high-priced share on 668 occasions (45,251 note), such as entry in the list of crimes, for the purpose of inducing sale and purchase, and submitting an order to participate in the market price over 27 times (11,200 note), and submitting an order to operate the market price of 799 times (61,692 note), including submitting an order to operate the market price of 13,50 won (3,00 won) from 18,00 won (30,000 won as of February 28, 2014) to 18,050 won (30,000 won as of February 1, 2014).

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. The application of the findings and procedures of unfair trade investigation to the priority share B (not in relation to the results of unfair trade investigation (from February 19, 2014 to April 19, 2014) and the A door-to-door statutes

1. Article 443(1)5 and Article 176(2)1 of the former Act on the Business of Financial Investment Services and Capital Markets (wholly amended by Act No. 11845, May 28, 2013; partially amended by Act No. 12947, Dec. 30, 2014; hereinafter “former Capital Market Act”) on criminal facts and the selection of fines (Article 443(1) of the former Capital Market Act does not provide for a fine for cases where there is no profit or loss caused by a violation or where it is difficult to calculate the amount of loss, and as in this case, the defendant is unable to choose a fine.

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