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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 100 million.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal is that the defendant's imprisonment (one year of imprisonment and a fine of 100 million won) declared by the court below against the defendant is too unfortunate, and the prosecutor is too unfortunate and unfair.
2. However, this case is a matter of stock price manipulation in which the lower limit is less than the sales order and the stock price increases by making a collective purchase of G stocks within a short time in collusion with AB, etc. known as the high number of so-called “satisf” for the purpose of the opposing trade of the stocks held as security for loan claim amounting to approximately KRW 5.7 billion against G, which is a company listed on KOSDAQ.
A large number of investors who purchased G shares due to such price manipulation suffers enormous damages due to the abolition of G on September 17, 2012 due to the abolition of G on September 17, 2012.
However, on September 3, 2012, G’s failure to pay a fine of KRW 90 million, which is already announced by the court below on September 3, 2012, G’s major shareholder, I and V’s subsidiary company, and G’s subsidiary company, and G’s share price did not seem to have committed the instant crime for the purpose of viewing market price gains through market manipulation, and it appears that the Defendant committed the instant crime for the purpose of collecting claims as a creditor of loans to G. It appears that the Defendant committed the instant crime for the purpose of collecting claims. The Defendant did not actively participate in the publication of a news article to attract ordinary investors’ investment in the market price manipulation; there was no history of punishment for the same crime; the Defendant did not have been punished for the same crime; the Defendant paid a fine of KRW 10 million,000,000,000,000 among the total amount of KRW 870,000,000,000,00 won, considering the Defendant’s favorable circumstances, motive and circumstances after the instant crime, etc.