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(영문) 대법원 2018.04.26 2017도19019

자본시장과금융투자업에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the assertion on the violation of the litigation procedures, unless there is an obvious clerical error in the trial protocol, the document recorded in the trial protocol as the trial date is proved only by the protocol, and its probative value is absolute in which counter-proof is not allowed by data other than the trial protocol (see Supreme Court Decision 2011Do12571, Jun. 14, 2012). According to the records, the first instance court was present by the Defendant on the fifth public trial date, but did not appear on the date of the sixth public trial and did not appear on the date of the sixth public trial and did not appear on the date of the sixth public trial (the Defendant did not appear on the trial date on June 25, 2015), against the Defendant, pursuant to Article 23 of the Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., under Article 18(2) and (3) of the Rules on Civil Procedure.

Nevertheless, when it is impossible to confirm the whereabouts of the accused for six months from the date of receipt of the report, the first instance court served the writ of summons, etc. by the method of public notice in accordance with the procedure stipulated in Article 19 of the above Special Rule, and sentenced the judgment in the state of failure of the accused.

In light of the aforementioned legal principles and the record, the first deliberation litigation procedure is lawful.

Therefore, we cannot accept the allegation of the grounds of appeal that the lower court erred by failing to correct it under the premise that the first deliberation procedure is unlawful and thereby adversely affected the conclusion of the judgment.

2. As to the assertion on the violation of the Financial Investment Services and Capital Markets Act, Article 178 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Market Act”) prohibits unfair trading that harms the fairness, reliability, and efficiency of trading of stocks, etc. in order to maintain fairness, reliability, and efficiency.

In addition, "illegal means, plans," as referred to in Article 178 (1) 1 of the Capital Market Act.