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(영문) 서울남부지방법원 2016.12.01 2016고단2173
위증
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The defendant has been aware of E, a person who has been engaged in approximately ten years ago, and has made a usual financial transaction with him/her.

E as the vice-chairperson and the largest shareholder of (State)G, a corporation established for the purpose of acquiring KOSDAQ-listed corporations, (P) in order to avoid a smooth loan of funds to the bond company, etc. by supporting the stock price of the said company in the process of acquiring the capital, or to acquire the market price profit by disposing of the stocks offered as security at a higher price due to the decline in the stock price, and (P) in order to acquire the market price profit by artificially managing the market price of the stocks held, E has been willing to either directly make the market price manipulation or request H, I, etc. on September 31, 2011. As part of the above measures, E, as part of the above measures, provided the Defendant, who is a corporation listed on the KOSDAQ-listed corporation, KRW 75,00,000,000, and requested the Defendant to conduct the market price manipulation transaction on the stocks, and was charged for a direct market price manipulation transaction under the name of the Defendant, using the Hyundai Securities in the name of the Defendant, thereby taking over the stocks under the Financial Investment Services and Capital Markets Act.

On August 18, 2015, in the course of the investigation of the above criminal case against E, the Defendant: (a) pursuant to the investigation of the witness, a number of suspected trading (including household purchase, false purchase, etc.) with respect to (b)F shares in his name during the investigation of the above criminal case against E, the Defendant stated that all of the transaction of (c) F shares through the Hyundai Securities Account in the name of the Defendant was in compliance with E’s instructions or that E was in one’s own transaction; (b) and (c) subsequently, he heard from the J, a party to E, that “the said statement made by the Defendant, making it considerably difficult for E”.

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