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[Issue ON] "Deutsche Case" concluded after 4 1/2 years... First Lady Kim is not guilty.

2024.10.17 PM 05:05
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■ Host: Youngsoo Kim Anchor, Lee Harin Anchor
■ Starring: Lawyer Lim Joo-hye


* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN NewsON] when quoting.

[Anchor]
Prosecutors have decided not to charge Kim Gun-hee over her alleged involvement in Deutsche Motors stock price manipulation. Let's analyze the conclusion of non-prosecution in four and a half years, the reason for this, and defense of Lim Joo-hye. Welcome. I hope you can explain it a little easier. First of all, was there a reason why it had to take so long for 4 years and 6 months?

[Lim Joo-hye]
In fact, the beginning of this issue was a problem with the manipulation of the stock price of a company called Deutsche Motors. Stock prices should be priced according to supply and demand under a free market economy, and it began with the suspicion that stock prices were deliberately manipulated through market price manipulation, that is, by buying and selling stocks at a fixed time as if there was a false sale. This became a problem, and during the trial, it was confirmed that about six of the accounts used in the false sale were Kim Gun-hee's accounts, and the question now emerged whether Kim Gun-hee also participated in the market manipulation. It took about four and a half years to issue a non-prosecution.

What took this much time is that the Capital Markets Act is now a problem, but it is not easy to investigate this part of the transaction related to the original stock price manipulation. In addition to that, the trial of the forces that we often talk about who actually participated in the market price manipulation is ongoing, so it seems that the decision to decide whether to indict them or not after observing the results of their trial is added.

[Anchor]
In the end, to put it simply among the reasons why Mrs. Kim was acquitted, Kim's account was used to manipulate the market price, but she didn't know that it was used to manipulate the market price, although she left the account to an expert, she didn't know it was used to manipulate the market price, is this the point?

[Lim Joo-hye]
is correct. You told me exactly. In the end, it is correct that stock price manipulation occurred through this case, currency trading, and currency trading. What is at issue here is that those involved are now being tried, and Kim Gun-hee entrusted her account to these forces, and stock trading took place in her account, which is not a normal transaction, but whether she participated in or at least assisted in the market price manipulation charge. In the end, the prosecution's judgment was that Kim Gun-hee was not aware of such market price manipulation in advance. It is true that Kim Gun-hee's account was used for illegal stock price manipulation, but she was not aware that she was used for illegal stock price manipulation, so she was judged to be innocent.

[Anchor]
The person who lent the account is expressed as Jeonju. Then, wouldn't there be a lot of electric poles to manipulate Deutsche Motors' stock prices? What kind of punishment did most of those poles get? Son said he was guilty.

[Lim Joo-hye]
That's right. As you said, there are people who we often call Jeonju. You need funds because you have to buy and sell stocks to manipulate stock prices like this. The representative person is Jeonju Son. In the first trial, there was a similar part to First Lady Kim Gun-hee through market manipulation, who lent her account and actually played a role in raising stock prices through her own funds, but was acquitted in the first trial, but in the second trial, she was sentenced to six months in prison, suspended for one year, and convicted.

The prosecution says that the allegations of aiding and abetting stock price transactions and violations of the Capital Markets Act were recognized, but there are some parts that the prosecution says are slightly different from the case of Kim Gun-hee. First of all, Son's case consistently states that he was a professional investor who specialized in this and that the participants who actually participated in the market manipulation know that his funds are being used to manipulate stock prices.

This is a situation where the allegation of assistance can be sufficiently admitted because text messages and phone calls related to it remain, but in the case of Mrs. Kim Gun-hee, she was not a professional investor, but an individual investor, so she was a person who lacked expertise in market price manipulation and stock prices. And the fact that the participants who are now participating in the market manipulation and those who are now subject to punishment consistently state that they were not aware that this was the fact that they were now involved in the manipulation of stock prices differs from Sohn, who was previously found to have been accused of aiding and abetting.

[Anchor]
In the end, the prosecution explained that Mrs. Kim was just an account holder. However, several accounts appear here. However, there are three guilty accounts among Kim's accounts, two of which are considered guilty, and as you said, one of them was taken care of. Didn't you have an account that you managed yourself? Why are you acquitted of this?

[Lim Joo-hye]
That's right. In fact, six accounts have been used to make false sales like this. We can divide this into two types. In the case of entrustment, we often leave my funds and my account to the securities company and the expert manages and invests my money on his own.

[Anchor]
It's okay to leave it to you, right?

[Lim Joo-hye]
That's right. Leaving it up is one of the normal ways of investing. But there may be cases where you do this. Or if I actually manage this account myself, but I actually place an order with a securities company employee over the phone for troublesome reasons or various reasons, and then the securities company employee sells it at that time and acts as an agent for the purchase. So, the six accounts in question this time are also divided into the accounts that you operated yourself and the accounts that you entrusted to the securities company. As you said, I think I can ask you enough about the account that Mrs. Kim Gun-hee made herself to be held accountable.

In this regard, the prosecution has consistently argued that this was only a transaction after consulting with an employee over the phone, that is, after consulting with an employee of a securities company, but I did not participate in the market price manipulation act. There is still a recording of the call about the transaction, but the actual phone conversations with the employee of the securities company. It's consistent with the statement because there are still things that I said, "Should I buy it now or sell it?" I saw one like this. And in terms of the period, they all sold it anyway, but when you look at the stock price at that time or when you sell the stock, you can't see the very singularity, which is the second reason and the last important part.

In fact, it was confirmed that among the parts that Kim Gun-hee directly traded at the time, there was already a person who intentionally bought it, and that if I gave up this stock at this time, you would buy it at this price and then sold it. Kwon Oh-soo, the former CEO of the company, advised Kim Gun-hee to sell it by now, which is also the core of the case, and accordingly, Kim Gun-hee only sold it. The situation in which she perceived that she was involved in the stock price manipulation cannot be confirmed as objective evidence.

[Anchor] You're saying that the former president of Volume
will control the market price, you didn't tell Mrs. Kim, but you just told her like a recommended item, right?

[Lim Joo-hye]
That's right.

[Anchor]
But the transcript of the phone call with an employee of a securities company came out during the trial. If you look there, Mrs. Kim got a call from her, right? You got a call again, to buy it? These expressions go in. This is not an expression of participation in stock price manipulation, so did you interpret it like this?

[Lim Joo-hye]
That's right. You got a call from him, right? This expression appears in the transcript, and if he can infer that it is former CEO Kwon Oh-soo, this evidence shows that he is relying on the recommendation of former CEO Kwon, who was an acquaintance, rather than being aware of the market price manipulation. And the timing of the recording of the call is also very important.

In this case, it can be divided into two main parts. There is a part called the first market price manipulation. There is a part called secondary market price manipulation, and these two parts have different forces leading. The participants who participated in the first market price manipulation and the participants who participated in the second market price manipulation are different and the timing is different, and what you just said falls under the first market price manipulation, which can be interpreted as not being applied to the judgment of guilt because the statute of limitations has expired.

[Anchor]
Is it the prosecution's judgment that the account itself was expired and that Mrs. Kim would not have known when she saw the transcript? However, after the investigation began, Lee Jong-ho, a Black Pearl Investment, was also a person who participated in market price manipulation, and it was also revealed that he talked to Lee Jong-ho, CEO of Black Pearl Investment. How did the prosecution interpret this part?

[Lim Joo-hye]
After the investigation was conducted and the Prosecutor General was deprived of the right to investigate the case, and recognized that it would be a big problem now, 36 calls or text messages were made in a week, including the fact that the phone was not actually connected to the phone, which is also under the name of First Lady Kim Gun-hee, but the actual phone call was made with an employee of a company run by First Lady Kim Gun-hee. Former CEO Lee Jong-ho is talking again, so exactly what this part of the phone is about now, and what the details of the phone conversation were about. In this regard, it has not been confirmed at all whether there are any words that have been agreed upon by each other in such areas as stock price manipulation. However, since I talked to an employee on the phone, and now this is a problem, the employee was going to ask about the stock transaction at the time, and it was a phone call in response to that, and Lee Jong-ho is talking again.

[Anchor]
There are only phone calls and no transcripts, right?

[Lim Joo-hye]
is missing.

[Anchor]
I see. Today, I released the news of Kim's acquittal and non-prosecution decision regarding the Deutsche Motors case with lawyer Lim Joo-hye. Thank you very much. Thank you.




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