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(영문) 서울남부지방법원 2015.09.11 2015고단2664
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor for ten months, for two years, and for one year, for two years, and for one year.

except that this judgment.

Reasons

Punishment of the crime

[criminal power] On September 7, 2012, Defendant B was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the judgment became final and conclusive on September 15, 2012. On February 19, 2014, Defendant B was sentenced to a suspended sentence of two years for imprisonment for the same crime, etc. at the same court, and the judgment became final and conclusive on February 27, 2014.

Defendant

On June 28, 2013, A was sentenced to a suspended sentence of ten months for a violation of the Financial Investment Services and Capital Markets Act at the Cheongju District Court, which became final and conclusive on July 6, 2013.

【Criminal Facts】

From April 201, the Defendants purchased and sold securities that indicate the right to purchase or sell at the exercise price set in advance at the maturity date, which is a certain point of time in the future, with respect to individual stocks and stock price index, from around April 201, the Defendants attempted to acquire unjust enrichment by inducing investors by artificially increasing trading volume and raising the market price.

Defendant

B, Defendant A, and Defendant C’s joint criminal conduct (market price manipulation for the KIKO019 EW call type) were committed in collusion with each other in order to control the market price of the KIKO0019 ELW call type (hereinafter “KIKO019”) based on the underlying asset of SamsungSDI’s stocks.

Defendant

B On April 13, 201, around 14:37, 201, in order to facilitate the transaction of items, the purchase and sale price of which are low due to the difference in LP (P supplier, Liquiquitable) purchase and sale price, the securities company will not adjust and present the purchase and sale price of which are eight times in total.

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