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Defendant
DE shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for three months.
However, this decision is delivered with respect to the defendant DE.
Reasons
Criminal facts
[criminal power] Defendant E was sentenced by the Seoul High Court on May 22, 2015 to imprisonment with labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court on January 15, 2015, and the said judgment became final and conclusive on October 15, 2015.
【Criminal Facts】
1. DK Co., Ltd. (hereinafter only referred to as DK), which is a major shareholder of DJ Co., Ltd. (hereinafter referred to as DJ only), sells DJ’s 6,617,674 shares to DJ’s limited liability companies (hereinafter referred to as DL only), and pays DL amounting to KRW 26,112,018,069 ( approximately KRW 3,946 per share) around April 15, 2012 when one year from the date of sale, and re-purchases the said DJ’s shares. However, it was difficult to re-purchase the said shares.
Therefore, on October 201, 201, DM, the representative director of DJ, (the co-defendant in this case, was sentenced separately on July 23, 201) requested DJ to manipulate the price of DJ stocks to the Defendant DE, who had worked as the advisor of DJ at the time as a securities expert with a long-term experience in the domestic securities company, and had been employed as the advisor of DJ around the beginning of October 201, at the time, to sell approximately 50,000 shares per share to 4,00 won per share (2,655 won on October 17, 201, immediately before DJ price manipulation). Accordingly, the Defendant DE decided to request DJ stock manipulation to “after the price manipulation and the stock price manipulation on DJ share price manipulation” to the CJ market manipulation force.
2. Defendant DE proposed that the act of enforcement shall take over KRW 500,000 per share of DJ shares held by DJ 6,617,674 shares, and DJ shares held by DN, which were known to Defendant DE through DJ (Co-defendants in this case and sentenced to separate judgment on July 23, 2015) and that “DJ shares shall take over KRW 4,000 per share of KRW 50,000 per share” under its condition instead of accepting such proposal.