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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
【Criminal Power】 On April 10, 2002, the Defendant was sentenced to eight months of imprisonment for a violation of the Securities and Exchange Act at the Seoul Central District Court, and completed the execution of the sentence on March 10, 2003.
In addition, on September 12, 2008, the Defendant was sentenced to one year of imprisonment with prison labor at Seoul High Court for occupational breach of trust, and the judgment on January 15, 2009 became final and conclusive.
【The Defendant, from August 2003, decided to attract F, a market price manipulation expert in early 2003 and to increase E’s share price with a view to raising the share price of E (E) shares of Co., Ltd. (hereinafter “E”) that were collected within the head of E from around August 2003, and thereafter, with a view to raising the share price of E (E) shares acquired using bond funds.
Accordingly, F used 13 accounts, including 4 accounts in the name of G in the name of the Defendant, 1 accounts under H in the name of H held by F, and 8 accounts in the name of KK securities held by the Defendant and F through I and J, including 8 accounts in the name of KK securities held by the Defendant and F.
On the other hand, F under the direction of the defendant, was in charge of the E's stock trading business for the purpose of price manipulation by using the above stock account.
Accordingly, from August 26, 2003 to November 4, 2003, the Defendant alone, and from November 5, 2003 to March 12, 2004, in collusion with the Defendant, the Defendant submitted an order of price manipulation for the shares of E, and subsequently acquired unjust enrichment of KRW 1,920,497,040 for the shares issued as security of KRW 254,782,624 due to the disposal of shares issued as security of KRW 750 to March 12, 2004, E’s price manipulation order was artificially increased from KRW 750 to KRW 1379.
1. Any person who manipulation by means of a conspiracy and purchase of securities listed on the KOSDAQ shall be deemed not to have a misleading appearance of active trading or to have another person make a false judgment with the aim of transferring his right;