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(영문) 대전지방법원 천안지원 2015.11.05 2015고단1680

증권거래법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a corporation with the purpose of selling and buying securities on consignment at 34 location in Yeongdeungpo-gu Seoul Metropolitan Government. The defendant's executive officers and employees of Korea Securities Company cannot sell and buying securities with the assets deposited by the customer without being entrusted to sell and buying securities by the customer or his/her agent. Notwithstanding the fact that the defendant's employee, at the office of Seocheon-dong 387-4 located in Seocheon-dong 387, Seocheon-dong 387, Seocheon-gu, Seocheon-gu, Seocheon-gu, the defendant's employee, Eul purchased 31,00,000 shares deposited in the shares account C when the victim entered into the stock consignment transaction contract with the above branch on April 4, 200 and purchased 200 shares at 1,75,000 shares of Korea Link-dong 30,000 won on the same day.

8. By the end of 21.2, the above Gap, an employee of the defendant, committed the above violation as to the defendant's business by selling and buying securities without being entrusted by the victim over 154 times as indicated in the annexed list of crimes.

2. The prosecutor of the judgment applied Articles 215, 207-3 and 52-3 of the former Securities and Exchange Act (amended by Act No. 5254, Jan. 13, 1997; Act No. 8635, Aug. 3, 2007; Act No. 2 subparagraph 1, Feb. 4, 2009; Act No. 8635, Jun. 27, 2013; the Constitutional Court rendered a public prosecution against the facts charged in this case by applying Articles 215, 207-3 and Article 215 of the same Act to the facts charged in this case. The portion that "where an agent, employee, or other employee of a corporation commits a violation of Article 207-3 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article to the corporation, as well, according to the decision of unconstitutionality (the Constitutional Court Order 2013Hun-Ga10).