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(영문) 서울남부지방법원 2015.06.10 2014고단4794
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by a fine not exceeding thirty million won.

Where the defendant fails to pay the above fine, 200,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who operates K in the daily stock investment chain, with respect to the commission of crime and conspiracy.

L around May 2012 to June 6, 2012, L borrowed funds from bond manufacturers and acquired 3,200,000,000 shares of N Co., Ltd. (33% of the total shares, hereinafter referred to as 'N') in 20 billion won after taking over 3,200,000,000 won of the total shares (33% of the shares, as a household manufacturer, as a house manufacturer), and took overall charge of the affairs of raising N&A and operating funds from M.

L is not likely to increase the N's share price on December 2, 2012 and there is a high possibility of decline. Accordingly, in order to avoid the opposite trade of N shares offered as security to the bond company and to obtain profit from the market price, L is willing to request a market price manipulation to Q, R, etc., a market price manipulation expert, at the end, with the aim of avoiding the opposite trade of N shares offered as security to the bond company and obtaining profit from the market price.

L requested Q, etc. to engage in the stock price manipulation through O and P on December 2, 2012, Q, etc. Around that time, P and P requested Q to provide L and Q, “N’s share price to guarantee principal from N companies’ side and separately reduce the security payment for stock purchase at KRW 2,300,00,000, as the security payment for stock price manipulation.”

Q, after receiving 30 million won from P in the above "T" coffee shop, issued the same request to R, and then issued the above 30 million won.

R requested the same content to U, and around that time, the said KRW 30 million was the case, and V demanded that V “I request the public offering of securities account that will guarantee the principal if the income is left against the account holder and the loss was incurred.”

V After receiving the aforementioned request from R, the defendant, W, and X explained the above purport to the defendant, W, and X, and the defendant, the defendant, in the name of Y, Z, and AA.

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