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(영문) 서울중앙지방법원 2014.01.09 2013고단7290

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of the management strategy headquarters and the person in charge of disclosure of the (State) E, the president of the DD (the presumption of death of D, the time of time after June 1, 2013, and the time of arrival at the site after the police in receipt of the report of change of death and the time of arrival at the site after receipt of the report of change of death on June 1, 2013.

Any executive or employee of a KOSDAQ-listed corporation who becomes aware of any material nonpublic information which may produce a significant impact on investors’ judgment on investment before it is made public in connection with his duties, and any person who receives such information from him, shall not use or allow another person to use such information in connection with the sale and purchase or other transaction of securities issued by the corporation concerned.

On June 4, 2013, at around 09:41 to 10:02, the Defendant: (a) at the office room of the representative director of the third floor of the Seoul Seocho-gu Seoul Metropolitan Government FF Building, the fact that (b) E and (c) the president D of the said H had been discovered as a dead body of suicide by breaking the timber in the machinery room of the first floor above the FF building (unpublicly important information creation). On that spot, the Defendant was instructed from the above H that the said H would not take the place of publication and reporting of the death of the D president.

The Defendant, in receipt of the above instructions, published the suicide of the Chairman of the Network, and reported to the media, was anticipated that the share price of the company would rapidly decline, and, by lending funds to the Chairman, J and K, who provided assistance, such as lending the said information to the Chairman (E) and D, sold the shares owned by him/her, so that he/she would avoid losses.

Accordingly, the Defendant, at around 10:10, 10:14 on the same day, made phone calls to each J and K, informed the fact of the D Chairperson’s death, and had J hold three accounts of his wife L’s right of school guarantee account (number M), Korean securities account (number N), and future deposit account (numberO) on the same day.