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(영문) 서울중앙지방법원 2014.07.04 2014고합30
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

The Defendant, as a manufacturer of telecommunications equipment, was concurrently the representative director of E Co., Ltd. (hereinafter “E”) and the major shareholder of E Co., Ltd. (hereinafter “E”), who is a funeral in the KOSDAQ, actually managed the overall business of E’s funds and accounts. From May 13, 2013, the Defendant managed F and G jointly with the condition that E invest KRW 3 billion in E.

1. Violation of prohibition against primary stock price manipulation;

A. A. Around April 2013, the Defendant: (a) provided 9 billion shares to H as collateral on condition of 120% of the collateral ratio; and (b) borrowed 3 billion shares to H; (c) borrowed 915,407 shares in modern securities as collateral on condition of 140% of the collateral ratio; (d) borrowed 3.3 billion won shares in the right to guarantee; and (e) borrowed 277,397 shares as collateral on condition of 140% of the collateral ratio; and (e) borrowed 1 billion shares in the right to guarantee; and (e) borrowed 1.0 billion won if the share price falls below the collateral ratio agreed upon, even if he arbitrarily disposes of the shares offered as collateral, the Defendant agreed not to raise an objection.

However, as the preemptive rights of bonds with warrants issued in the year 2012 were exercised and new stocks were listed, from March 14, 2013, the decline rate continued to occur, and around April 24, 2013, the stock price fell from KRW 4,060 as of April 24, 2013, and on April 25, 2013, the lower limit (3,455 won) was at the beginning of the beginning of the beginning of the city and at the lower limit of KRW 500,00,000 for the quantity for which the order for sale was submitted, and therefore, it was anticipated that the lower limit of the closing price will be set.

On April 25, 2013, when the share price (3,455 won) continues to exist as above, the Defendant requested a price manipulation that “if the share offered as a collateral is likely to be sold as opposite to the share, the Defendant would pay KRW 200 million in consideration of the share price increase by Bracker I to prevent it.”

J is a change in the stock price manipulation as above. K.

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