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(영문) 수원지방법원 2014.07.17 2013재노14 (1)

증권거래법위반

Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Although A, an employee of the Defendant, who is an employee of the Defendant, was entrusted with the sale and purchase of securities, which designated the quantity, issue, price, etc. from D, and was engaged in the sale and purchase transaction of stocks as stated in the judgment below, and was not conducted at will without such entrustment, the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the fact.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged is a corporation established for the purpose of selling, selling, consignment sale, etc. of securities, and A is a person who serves as a vice head of the Defendant’s broad name branch.

A, an employee of the Defendant, opened a securities transaction account at the above branch on October 1, 1998, and deposited 125,834,600 won via several occasions, and traded securities after being entrusted by the victim D. On January 11, 1999, A, an employee of the Defendant, had been entrusted with the purchase and sale of securities by the victim at the above branch office and office located in E on January 11, 1999, without being entrusted with the purchase and sale of securities by the victim, and sold at KRW 5,600 per share of 5,00 won per share to the victim’s account from that time thereafter.

6. Until August 18, 2008, trading was made such as selling and purchasing at will over a total of 258 occasions.

B. Determination