A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

From September 1, 2016 to February 28, 2017, the Defendant pretended the fact that the Defendant used two account in the name of securities (F, G), H securities account in the name of securities (I), two account in the name of J (K, L), and two account in the name of M E securities account (N, N, andO), and two accounts in the name of M (N, and O) in order to presume the reversion of the amount of profit earned by market manipulation or the disposal of the amount of profit earned by market manipulation at the Defendant’s residence, which was in the name of the Defendant, from September 1, 2016 to September 28, 2017, the Defendant pretended that the Defendant received or disposed of the amount of profit through the said borrowed securities account, as if the said D, etc. received or disposed of the amount of profit in the name of the Defendant through normal trading.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report (the commencement report of an investigation / the attachment of a copy of evidence record of the Seoul Southern District Court 2019Gohap40 / the attachment of a copy of the first instance judgment of the Seoul Southern District Court 2019Gohap40/ the attachment of a witness examination report of the case of the Seoul Southern District Court 2019Gohap40)

1. Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment concerning the relevant criminal facts, and Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and Selection of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the assertion was that the Defendant traded shares using the borrowed name securities account as stated in the facts charged, but the Defendant cannot calculate unjust enrichment acquired by stock price manipulation, etc., and thus, it does not constitute a violation of Article 3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, which punishs a person who pretended to acquire and dispose of criminal proceeds on the premise of the occurrence of “criminal proceeds” (hereinafter “the Act on Regulation of Criminal Proceeds Concealment”).

2. Determination

A. According to Article 2 of the Act on the Regulation of Criminal Proceeds Concealment, the Financial Investment Services and Capital Markets Act for the purpose of acquiring illegal gains.