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(영문) 서울중앙지방법원 2014.08.29 2013고합1066

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 26, 2006, the Defendant holds office as the chairperson of E Co., Ltd. (hereinafter referred to as “E”), and is a person in charge of overall management of E, such as receiving reports on major matters of management, making final decisions, etc.

No executive or employee of a listed corporation shall use any material nonpublic information acquired in the course of performing his/her duties for the trading of specific securities or any other transaction or allow any other person to use it.

The Defendant, as the Chairperson, was well aware of the financial status of E as the Chairperson, and around January 11, 2012, he was well aware of the information that not only the net income of E as of the end of 2011 would be converted from black, but also the amount of net income of E as of the end of 2011 to the amount of 4.3 billion won, as he knew of the fact that he received a comprehensive report on the management performance of 201 and the quarterly management plan of 2012 (hereinafter “report on January 11, 2012”), which was prepared by the Planning Office, and that he would have a significant amount of decrease in net income and operating income.

E at the time of the settlement of accounts in 2011, as a result of the fiscal year 201, the net income for the year 2010 was reduced by 154.7% since the net income for the year 4.930 million won was reduced by 154.7% since the net income for the year 2010 was reduced by 5.96 billion won in operating income for the year 2010 from 5.96 billion won in operating income for the year 2010 to 2010, and the amount of operating income for the year 2011 is reduced by 65.2% in operating income for the reduction of 65.2% in operating income for the year 2010 to 30% in operating income, and the above information was anticipated to have a significant impact on investors’ judgment on investment, and the share price was anticipated to decline if disclosed to the general public, the Defendant was willing to avoid losses by selling the shares held in the name of Defendant and Defendant’s family under the above material

Accordingly, the above information is disclosed to the public on February 13, 2012.