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(영문) 서울남부지방법원 2015.12.09 2015고단4650
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around January 2013, E acquired the F Co., Ltd. F Co., Ltd. (which was listed in the KOSDAQ, but was delisted on July 24, 2013; hereinafter referred to as “F”), and subsequently, there is a high possibility that the stock price has not increased and the F Co., Ltd., offered as a security to the bond company in the course of raising acquisition fund, and paid a total of KRW 1.4 billion to G on several occasions from that time to March 2013, 2013, in order to avoid the opposite trade of the F Co., Ltd., which was offered as security by the bond company during the process of raising acquisition fund.

G around February 21, 2013, upon requesting H to manipulate the market price, at the beginning of March 2013, G paid approximately KRW 820 million in total as a result of the manipulation fund, etc., from that time to the beginning of March 2013. ② around February 25, 2013, G paid KRW 10 million when requesting I to manipulate the market price.

H around February 21, 2013, upon requesting the Defendant to manipulate the market price, paid a total of KRW 235 million from that time to the beginning of March 2013, 2013. ② Around February 21, 2013, upon requesting the J to manipulate the market price, KRW 200 million was paid from that time to the beginning of March 21, 2013. ③ Around February 21, 2013, upon requesting the K to manipulate the market price, transferred KRW 30 million to the national bank account in the name of K and KRW 15 million to the new bank account in the name of L, and around February 25, 2013, KRW 50,500,000,000 was remitted to the national bank account in the name of K to the national bank account in the name of K, and around February 25, 2013.

In addition, around January 2013, H paid KRW 3 million to M, and submitted a large volume of market price manipulation order from the beginning of March 2013 by using a single-stock trading program received by Neman, and H requested M to purchase the F shares from February 2013 to March 201, M to request M to submit the market price manipulation order.

On the other hand, around February 22, 2013, the Defendant paid KRW 30 million to theO upon requesting N to manipulate the market price, and ② on February 22, 2013.

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