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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
Around October 2007, the Defendant: (a) set up a thesis fund to pay KRW 300 million to D as compensation for losses; (b) proposed that the price manipulation of the shares of E Co., Ltd. (F Co., Ltd. (hereinafter “E”) would be defective; and (c) proposed that G and H would also make a price manipulation of the shares of the above E; and (d), G and H accepted the price manipulation.
At the time of early November 2007, the Defendant received KRW 400 million from the vice president I of E, and gave it to D as compensation for losses, and D loaned KRW 1.8 billion from J, K, etc., and set up four accounts such as L to be used for price manipulation, and G prepared three accounts such as M, and H intended to use them for price manipulation of E stocks by preparing three accounts such as M, and H, respectively.
The Defendant, along with D, G, and H, borrowed the guest room of Gangnam-gu Seoul Metropolitan GovernmentO through the above process, and conspired to acquire unfair profits by making a price manipulation under the share of each party's roles, such as directly submitting an order for price manipulation of stocks E with total nine securities accounts, such as the Defendant's wife P account opened in one major investment securities corporation.
1. No one who has conspired with another person shall sell or purchase securities after the other person has conspired in advance to sell or purchase the securities with the intention to make a misleading appearance of active trading or to cause another person to make a false judgment with respect to the sale and purchase transaction of securities listed on KOSDAQ after the other person has conspired in advance to sell or purchase the securities at the same time as the former purchases and sell the securities;
Nevertheless, at around 11:40:29 on November 7, 2007, the Defendant, in collusion with D, G, and H, sold at KRW 2,500 shares E in the account in the name of G opened in the Gangnam-gu Seoul Metropolitan Government OO, and at KRW 11:45:43 on November 7, 2007.