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1. The defendant shall be punished by imprisonment with prison labor for ten months and a fine of one hundred million won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
No one shall mislead any person to believe that the trading of listed securities is booming of active trading or trade such securities with an intention to attract another person to trade such listed securities, or trade such securities with a change in the market price.
Nevertheless, in order to obtain profit from the market price by increasing the share price, the Defendant: (a) purchased 387,207 shares of 9 shares, including D, from July 2, 2015 to October 29, 2015 using ten accounts, such as NH investment securities, under the name of the Defendant; and (b) sold 380,845 shares, 2,972 shares, high-priced purchase orders 4,305 shares, 75 shares, 3,083 shares, 927 shares, 11,362 shares, including purchase orders, in total, 75 shares, 3,083 shares, 927 shares, and 79,343,772 won, by submitting the market price order under the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Investigation report (specific details of the market price operation order and orders), and details of the market price operation order;
1. Application of Acts and subordinate statutes on investigation reports (the details of calculation of profit per side), details of calculation of unjust profit;
1. Relevant legal provisions and Articles 443(1)4 and 5, and 176(1)3 and 176(1)1 of the Act on the Business of Financial Investment Services and Capital Markets for criminal facts (in addition, imprisonment with prison labor and fines pursuant to Article 447(1) of the Capital Markets Act shall be imposed concurrently);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of the favorable circumstances among the following grounds for sentencing)
1. Articles 447-2 and 443 (1) of the Capital Market Act;
1. Article 186 of the Criminal Procedure Act, which imposes upon the defendant the costs of lawsuit, is disadvantageous to the reason for sentencing - The operation of the market price, such as the crime of this case, not only disturbs the sound trade order in the stock market, but also damages to unspecified general investors participating in stock transactions. - It is past from securities companies.