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(영문) 인천지방법원 부천지원 2013.05.09 2012고정1530

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a director of C, and is a person who has been managing D from September 17, 2010.

1. No executive, employee, or agent of a corporation using material nonpublic information who becomes aware of the material nonpublic information in the course of performing his/her duties shall use the material nonpublic information related to the business affairs of the listed corporation for the trading or any other transaction of specific securities;

On January 25, 201, the Defendant, as a director of C, a corporation listed on KOSDAQ-listed corporation E, came to know in the course of performing his duty the information on the dishonor of C, and sold 210,000 shares of E, the Defendant possessed before such information was disclosed to the public, with the intention of avoiding losses.

On January 25, 2011, the Defendant called the CManagement Support Team Vice-Chairperson F, a Co., Ltd., and sold the E shares to the employees, and ordered the employees to divide the shares to the employees. The Defendant requested the F, the C Chairperson, to give the shares to the F.

F, around January 26, 201, at the office of the Co., Ltd. located in Seocheon-si H building C Dong 1404, the F requested that the head of the C Business Team sell shares of the Co., Ltd. 210,000 shares to G and sell shares.

I opened a securities account in the name of 10,00 won per share after having received KRW 213,730,000 per share of 210,000 per share of 10,000 won in the same day. I avoided loss equivalent to KRW 10,969,810 per share of 10,000.

Accordingly, the defendant used material nonpublic information that he came to know in the course of performing his duties in stock transaction.

2. A person who comes to hold stocks, etc. in violation of a duty to report on the holding and change of such stocks, shall report to the Financial Services Commission and the Exchange on the holding status, purpose of holding, details of a major contract on such stocks, etc. within five days from the date on which such stocks, etc. are held, and the aggregate number of stocks, etc. in possession shall be at least