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(영문) 서울중앙지방법원 2012.11.29 2012고합142
자본시장과금융투자업에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for three years, by a fine of 300 million won, and by a fine of 300 million won.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the representative director of B Co., Ltd. (hereinafter referred to as “B”), and Defendant B, a corporation established for the purpose of real estate brokerage franchise business, investment advisory business, etc. on January 25, 2006, has 2,500 members and 8,000 members and 8,000 members and reported quasi-investment advisory business to the Financial Supervisory Service on January 22, 2010.

1. Defendant A

A. During the period from August 14, 2009 to October 7, 2009, Defendant A purchased 1,147,930 shares of E Co., Ltd. (hereinafter “F”), a KOSDAQ-listed company, as securities account in B, with 1,147,930 shares, and 231,043 shares with securities account in Defendant’s name, and recommended B members to purchase F shares through seminars and B’s Internet real estate portal site (G)’s bulletin board established for investment advisory, etc. from October 23, 2009 to April 16, 2010. As a result, from that date, members of 1,254, and family members of 1,254, and other persons purchase 2,1240,000 shares (from October 7, 754, 279, 2018).

2. 8. The result of the collective calculation by B against members during the period of 8.8. As of December 31, 2009, the total number of shares issued by F as of December 31, 2009 was 77,54,401 shares, and as the shareholder of I (the largest shareholder) held 8,025,626 shares, the total number of shares issued by F was 10.35% of the total number issued and outstanding shares was 8,025,626 shares, the F’s share price, the closing price of which was 1,505 won on October 23, 2009, increased to 9,300 won on January 5, 2010, the lower limit on the day of increase between 10,450 won and January 6, 2010.

1. 8. The annual stock price has fallen even in 8.

Accordingly, for the purpose of inducing the purchase and sale of F shares, Defendant A purchased a large amount of F shares with the largest shareholder’s shares by the Defendant and the Defendant’s members, who received investment advisory, and the share price sharply increased by purchasing a large amount of F shares with the largest shareholder’s shares. The Defendant and its members do not dispose of the large number of shares and do so, thereby making the FF share price.

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