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(영문) 서울중앙지방법원 2011.12.22 2010고단2900

증권거래법위반

Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[former Facts] The Defendant entered G (H (hereinafter “G”) around January 200 and served as the head of the Credit Finance Headquarters (the head of the office), from around 2007.

From May 2003, the Defendant opened a consignment account in G to provide financing to the victim I (hereinafter “I”) (hereinafter “I”), and deposited the company’s funds in the consignment account. The Defendant was engaged in the management of the account by selling and selling government bonds or corporate bonds with the funds.

The Defendant arbitrarily made an investment by purchasing government bonds or corporate bonds with the funds deposited in the above consignment account, and later sent details and balance of the consignment account to I, and I actually silent it.

【Criminal Facts】

Even if the defendant working in G has been entrusted by I with the sale and purchase transaction of securities, he/she shall make a sale and purchase of securities after obtaining the I's decision as to the type and issue of securities to be sold and sold, and the classification and method of the sale and purchase.

Nevertheless, on May 25, 2007, the Defendant purchased 12,700 corporate bonds issued by KK (12,754,610,000 won (10,043 won per unit, maturity November 28, 2007; hereinafter “instant corporate bonds”) which were kept in the I’s consignment account that was managed by the Defendant at the time without I’s decision.

Accordingly, the defendant violated the limitation of discretionary trading under the Securities and Exchange Act.

Summary of Evidence

1. Each legal statement of witness L, M, N, andO (each part of witness M,O);

1. Part of each prosecutor's protocol of examination of the accused (includingM and P statements);

1. Copy of the suspect examination protocol of Q by the prosecution;

1. The prosecutor's statement of R (including L and M respective parts);

1. Statement by the prosecution concerning L;

1. The protocol of statement of the prosecutor with regard to theO is in place;

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