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(영문) 서울남부지방법원 2015.10.13 2015고단2800
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

1. As the actual owner of H Co., Ltd. (hereinafter “H”), H Co., Ltd. G was holding 2,491,280 shares of H shares in the name of H Co., Ltd. (hereinafter “H”) 3,251,825 shares, and the name of J, K, and L, one time under the name of J, K, the name of J, and the name of J, and K, the name of the first time of warrant certificates (BW), 5,927,180 shares, and two times of warrant certificates (BW) related to the second time of bonds with warrant (BW) in the name of the next account.

M Co., Ltd. controlled by G was holding 6,790,220 shares of H, an affiliated company, and H owned 3,985,774 shares of H.

G In the process of disposing of a large volume of H stocks (including quantities converted into common shares) held in the name of A, I, etc. as above, G: (a) when the price fluctuation was anticipated in order to sell the stocks at a high price; (b) requested N, etc. to conduct price manipulation; (c) Defendant, P, etc. to provide KRW 500 million for funds required for price manipulation in the form of lending through H’s affiliated company P Co., Ltd.; (d) Q paid KRW 40 million to Q through Q; (e) Q was divided into R, S, and T, etc., with the price manipulation security funds, and subsequently requested R, S, etc. to conduct price manipulation.

Accordingly, the Defendant conspiredd with N, G,O, R, S, T and H shares in a successive manner.

2. Any person who has committed market price manipulation shall not 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 shall cause another person to trade securities at the same time as the trading of the securities is conducted by making a false representation that the trading of the securities is booming, or in trading securities with intent to mislead another person to make a wrong judgment, or selling and purchasing securities at the same time as the trading of the securities is conducted by another person at the same time as the trading of the securities is conducted by another person;

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