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Defendant
B Imprisonment with prison labor for four years, for one year and six months, for Defendant A, and for three years, for each of three years.
Reasons
Punishment of the crime
Based on the facts acknowledged by the evidence duly adopted and investigated by the court, the court partly revised the criminal facts to the extent that it does not infringe the defendants' right to defense.
1. Operation of the price of shares E
A. In the course of Defendant B’s crime (a crime background and conspiracy relationship)’s representative director, E (hereinafter “E”)’s bypass listing, F, through E, publicly announced a large-scale amount of capital increase of KRW 13.8 billion on September 11, 2008 for the purpose of creating outside the financial structure of E, so it was necessary to maintain the price of E, the value of new stocks issued for the said increase of capital by November 25, 2008, which is the payment date for the said increase of capital.
Accordingly, F requested Defendant B, who is a market price controller, through H, to control the market price. Defendant B conspired with the opening of an account for submitting a market price control order and I, a market price controller, and subsequently requested the submission of a market price control order in order, I directly submit a market price control order, and I submitted it to J in order, and the role of requesting the submission of a market price control order is that J in order, and J is in charge of submitting a market price control order by directly using one’s own account.
[The act of operating a market price] Any person who misleads any other person to believe that a transaction of securities listed on KOSDAQ is booming the active trading of securities or causes any other person to make a false judgment at the same time as he sells and purchases securities in collusion with him in advance and sells and purchases them at the same price, or sells and purchases securities at the same time as he purchases them in advance, or sells and sells securities at the KOSDAQ market or changes the market price.