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(영문) 서울남부지방법원 2016.11.15 2016고합215
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The public offering-related B, C, D, and E are market manipulation experts.

The Defendant conspired to support B and F (hereinafter “F”)’s share price, and B and others conspired to support F’s share price in sequence as follows:

B paid KRW 50 million to C at its expense and ordered C to purchase shares and maintain the share price, and C consented thereto.

B provided D with an amount equivalent to KRW 20 million, and D consented to a warranty amounting to KRW 900,000 to KRW 700,000 or KRW 800,000, and to maintain stock price.

B agreed to provide E with a unit price of at least KRW 900,000 and supply cost of KRW 50,000,000 and with a view to maintaining the share price of at least KRW 100,000 and making profits from the price manipulation after the face of each week, if profits from the price manipulation occur after the face of each week, E will additionally offer a unit price of at least KRW 1,00,000.

2. No person who has committed a specific act of implementation shall make a false representation in trading listed securities or exchange-traded derivatives, or make a false representation in trading such securities or exchange-traded derivatives with an intention to mislead another person to make a wrong judgment, or trade such securities or exchange-traded derivatives with an intention to attract another person to trade such securities or exchange-traded derivatives, or trade such securities or exchange-traded derivatives with an intention to cause another person to trade such securities or exchange-traded derivatives, or entrust or be entrusted with such trading;

B around 10:43:03 on July 16, 2014 (the term " July 15, 2014" written indictment is written in writing) using the H account under the name of G, the immediately preceding 1,080 won and the sales 1,095 won (2,781 shares) were purchased with 2,664 shares above 1,100 won and traded at the Korea Exchange located in Yeongdeungpo-dong 33, Yeongdeungpo-gu, Seoul on that day.

B and C have drawn the F share price as follows:

C Using the J account under the name of I, July 2014.

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