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(영문) 서울남부지방법원 2017.07.18 2015고단4317
자본시장과금융투자업에관한법률위반
Text

1. Defendant A

(a) A person shall be punished by imprisonment for two years;

(b) subject to the execution of the above sentence for a period of three years from the date this ruling became final and conclusive.

Reasons

Punishment of the crime

1. The crime of running the market price of Defendant A;

A. The background of the crime and the public offering relation B are a major shareholder who, from July 1, 199 to May 31, 2013, served as the representative director of C (State) (hereinafter “C”) a company listed on the KOSDAQ on December 22, 2009 as an industrial machinery manufacturer, and thereafter, owns C’s shares 5,272,470 shares (49.21%) while participating in C operation until then.

In addition, Defendant A is a person who was employed in D Securities around June 16, 2004 and currently served as a member of D Securities Directors.

B Even after listing the company on December 2010, the trading volume is less than 50,000 shares even after the listing of the company and the stock price is less than 12,00 won at the public offering, the company intended to dispose of the shares held in the name of its executive officer and secure the current assets, but the high school Dong Chang-si did not seem to have been a securities employee in the past.

E (the indictment of detention on June 12, 2015) requested the institution investors to dispose of the aggregate amount of KRW 1,00,000,000, including its own borrowed stocks and own own stocks, etc.

Accordingly, the above E, at the time, tried to talk about the defendant A, who was the head of D Securities F branch, to dispose of B's borrowed stocks, etc. together with the defendant A, and introduced the defendant A to the defendant B.

In addition, Defendant A and the above E have sold the shares at a high price through their own support and had the mind to receive compensation from Defendant B.

Accordingly, on December 24, 2010, Defendant A and the above E got a check of KRW 500 million from Defendant B, and around that time, Defendant A prepared a total of KRW 900 million through a bond company as collateral and submitted a market price steering order by directly selling and buying C shares. Defendant A and the above E and the above E agreed that “The difference between the sale price and the sales price shall be paid in the case of selling more than 11,00 won per share.”

Han Part B did not promptly support the disposal of shares as planned, but around February 201, 201, it is 50 million won to the above E.

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