특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The judgment below
Part of acquittal.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant recovered from damage to the victim company, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.
B. Prosecutor 1) In light of the legislative intent of the Securities and Exchange Act, which is the development of the national economy through the protection of investors by misunderstanding the legal principles, the court below is liable to report the violation of the duty to report under Articles 209 subparag. 9 and 190-2(2)1 of the former Securities and Exchange Act in the event of an objective external appearance of the acquisition or transfer of assets in violation of the duty to report under Articles 209 subparag. 9 and 190-2(2)1 of the former Securities and Exchange Act (Act No. 8985). However, the court below erred by misapprehending the legal principles, which acquitted the Defendant of the charges of violating the Securities and Exchange Act.
2. Determination
A. On January 25, 200, in the event that a KOSDAQ-listed corporation whose stocks were listed on the KOSDAQ market on January 25, 200 intends to acquire or transfer any business or asset in excess of 10/100 of its total assets as of the end of the latest business year, H of this part of the facts charged shall submit to the Financial Services Commission a report on the acquisition of the asset, stating the details thereof. The Defendant, on January 23, 2009, who was held as the representative director of H, did not submit a report on the acquisition of the asset, even though he acquired assets in excess of 13 billion won of total assets by transfer of assets in excess of 10/100,000 of total assets by transfer of 4.1 billion won, (2) The former Enforcement Decree of the Securities and Exchange Act (amended by Act No. 8635, Feb. 29, 2008) and (1) the former Enforcement Decree of the Securities and Exchange Act (amended by Presidential Decree No. 8635, Jul. 28, 2009, 2008, 209)