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(영문) 서울남부지방법원 2015.05.26 2015고단1022
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 2012 to June 2012, E acquired 320,000,000 shares of Bosidong Co., Ltd. (33% of the total shares (33% of the total shares of a household manufacturing company, listed in the Securities Exchange; hereinafter “ Bosi”), by borrowing funds from bond companies, but it is unlikely that the share price will rise and that there is a high possibility that the share price will decline. Accordingly, during the process of raising acquisition funds, E would be subject to the opposite trade of Bosi whose shares were offered as security by bond companies, or would be able to recognize the market price of Bosi stocks in order to attract investments from the company specialized in the management of investment.

2. Public offering relations;

A. A. Around August 2012, H Group-related E requested H to purchase shares so that P is not less than KRW 450,000,000,000,000, which was previously owed to H, a market price manipulation expert, who was known to the general public, to pay for the debt amounting to KRW 450,000,000.

H, upon receiving the request from E, friendly I, called “I want to make an account to sell and purchase Bosul shares, and then trade Bosul shares as referred to in the last sentence,” and I transferred to H the securities account opened in the name of J and E with the principal and then transferred to H the securities account in the name of E and E with this consent.

H submitted a market price manipulation order using the securities account of the person and the third party, such as the foregoing securities account that I received from I, and I also submitted a direct market price manipulation order in accordance with H’s instructions, with the fact that he/she continues to hold an authorized certificate for the above securities account.

He continued to accept the Boula and manage the share price to Defendant A, who is the land owner, and the share price does not fall into the share price, and the Defendant consented to it, and then used the account managed by the Defendant from November 22, 2012 to manage the share price.

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