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(영문) 서울중앙지방법원 2015.05.29 2014고합329
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Ⅰ In fact, the Defendant, as a person specialized in the trade of stocks, was aware that the JW Holdings Co., Ltd. (hereinafter “JW Holdings”) and Korea-Stwit Holdings Co., Ltd. (hereinafter “Korea-Stwit Holdings”) were listed companies in the Exchange, and thus, it is possible to call for a high percentage of funds with a low ratio of funds due to the lack of stock trading volume and the high share price of the stocks. Recognizing the fact that the Defendant was able to call for a low ratio of funds, the treatment securities account in the name of the Defendant (E), the treatment securities branch account in the name of the Defendant (F), the IBK K Securities branch account (G), the IBK branch account (H), the FK branch account (H), and the one twit branch account (I) account in the name of the Defendant.

Ⅱ Criminal facts

1. Market price manipulation for JW Holdings;

(a) No one shall mislead any person into misunderstanding that the trading of listed securities is booming, or conduct any false trading without an intention to mislead any other person into transferring his/her right to make a wrong judgment;

around 13:49:44 on June 2, 201, the Defendant issued an order to sell KRW 5,000 shares of JWdo Holdings to KRW 2,950 per share through the SK Securities Account at the second floor office located in 476-45, Chungcheongnam-dong, Chungcheongnam-gu, Gwangju, Seoul, via the SK Securities Account, at KRW 13:51:28 on the same day, and issued an order to purchase KRW 1,000 shares of the same shares through the 13:51:28 on the same day and concluded an order to purchase KRW 1,00 shares at KRW 2,950 on the same price from June 1, 201 to October 12, 2011.

(b) No one shall make any transaction that misleads anyone into believing that the trading of listed securities is booming, or changes the market price thereof, with an intention to attract anyone to trade listed securities in accordance with an order for high-priced purchase, false purchase, or market price manipulation based on market price manipulation;

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