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(영문) 서울남부지방법원 2016.11.10 2016고정276

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who receives any material nonpublic information from a person who becomes aware of the material nonpublic information in connection with his/her duties, such as an employee of a stock-listed corporation, shall use it in the sale and purchase of specific securities, etc.

On March 2015, the Defendant became aware of the material nonpublic information that “F, a multilateral pharmaceutical company of D and the United States, entered into a technical export agreement on the development and commercialization of the immunodeficiency medicine G with D,” which was developed by D, was known by the Defendant from the KMD researcher E of the DM.

Since then, the Defendant from March 11, 2015, before the disclosure of the above information.

3. By the end of December, 12, 110 shares D (14,470,00 won) were purchased, thereby obtaining unjust enrichment of KRW 11,930,000 by trading D shares using material nonpublic information.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (in particular, 119, 121 pages of investigation records);

1. Each prosecutor's interrogation protocol concerning E (in particular 89-90 pages of investigation records);

1. The prosecutor's statement concerning H;

1. Investigation report (report on arranging the Kakao Stockholm content of suspect E mobile phones);

1. A specification of transactions;

1. Application of Acts and subordinate statutes to a investigation report (verification of actual unjust gains acquired by using undisclosed information by the E, parent, or friendly Gu);

1. Article 43 (1) 1, and Article 174 (1) 1 and 6 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 12947, Dec. 30, 2014);

1. The lower limit of fines to be sentenced for the instant crime is KRW 11,930,00 corresponding to the benefit obtained by the offense, or in the instant case where only the Defendant requested a formal trial, the sentence is not imposed more severe than that of the summary order pursuant to Article 457-2 of the Criminal Procedure Act. As such, the lower limit of fines to be sentenced for the instant crime is sentenced to KRW 7,00,000, which is the amount of fine for the summary order (=the amount of the prosecutor’

1. The Criminal Act to attract a workhouse;