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(영문) 서울남부지방법원 2016.02.03 2015고단5030
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 6, 2012, the Defendant: (a) from F working in E on September 6, 2012, the stocks of G Co., Ltd. (hereinafter “G”) in KOSDAQ-listed private corporations (hereinafter “G”) were kept at a lower limit of three consecutive days, and the quantity for which the order for sale was submitted at the lower limit of 4500,000; (b) received a proposal for a change in the price increase; (c) linked I and J, a stock expert, to the high number of “the lower limit” referred to through H.

On the other hand, the above proposal was made by K, a registered bond company, as a security for 3.5 billion shares, and partially repaid 8.3 billion won and repaid 8.7 billion won in the balance around September 6, 2012, while G’s shares were sold as collateral at the lowest annual price, but it was anticipated that a substantial loss of principal was anticipated as it did not occur due to extremely low trading volume, and that K, a registered bond company, as a registered bond company, mobilized the market price to set the lower limit and requested to increase the share price.

On September 7, 2012, at the same time from J around September 7, 2012, the Defendant: (a) was requested to publish a new news article according to the time by connecting the lower limit of 08:0 to 09:00; (b) by receiving the contact of the director, who is a person in charge of G’s disclosure from K, and (c) reported to I; and (d) around September 7, 2012, the Defendant posted the title “LG president’s total history of collecting loans” to N, an Internet newspaper, “ even if the Plaintiff, a subsidiary of G, was in bankruptcy, but there was no big problem in recovering KRW 20 billion lent by G to G, and there was a significant progress in attracting additional capital.”

In addition, on September 7, 2012, the J submitted orders to purchase 1,450,000 shares over three occasions, such as submitting orders to purchase 1,335 won from the kid Securities Account in the name of P on September 7, 2012, from 08:49 to 7,52,000 shares, and the I requested Q to purchase G shares from P in the name of P on the same day.

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