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(영문) 서울중앙지방법원 2013.07.25 2013고단2403
자본시장과금융투자업에관한법률위반
Text

Defendant

A and B Imprisonment with prison labor for a year and two months, each of them shall be punished by imprisonment with prison labor for a year and one year.

However, the defendant A, B, C, and .

Reasons

Punishment of the crime

Defendant

D On June 21, 2011, the Seoul Central District Court sentenced 10 months of imprisonment for occupational breach of trust and 2 years of suspended execution, which became final and conclusive on October 29, 201.

No one shall buy and sell, or entrust or be entrusted with, securities or exchange-traded derivatives with an intention to attract anyone to trade such securities or exchange-traded derivatives, creating a misleading appearance of active trading or causing a fluctuation in the market price thereof.

Nevertheless, Defendant K, Defendant L, Defendant M, Defendant A, Defendant N, Defendant C, Defendant C, Defendant C, Defendant D, P (Suspension of Prosecution on the same day) and Q (Suspension of Prosecution on the same day) were offered consecutively as follows.

Defendant

K as the largest shareholder and representative director of S Co., Ltd. (S) a KOSDAQ-listed company located in the Dong-dong of the R&A in the Gyeonggi-gu branch of the Gyeonggi-si branch of the R&D (hereinafter “S”), while considering that the common S’s share price is low, at around the spring of 2010, he asked about whether there is a way to support the share price because the share price is too low since the share price is too low.

Defendant

Since the springing of 2010, K has conducted corporate IR for the institutional investors, etc. with Defendant L as an intermediary, but it has continued to be refused investment on the ground that the total market value is small, and it has caused difficulties in attracting investment by institutional investors, etc.

On the other hand, the defendant L made efforts for SIR activities upon the request of the defendant K, but the total market price of small and medium-sized investors should not exceed 50 billion won, and in the case of large-sized investors, at least 200 billion won to 300 billion won to 300 billion won to see that it is possible to attract investment.

Therefore, it is difficult for Defendant L to attract large-scale investors from the beginning.

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