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(영문) 수원지방법원 안산지원 2008.10.09 2008고단2847

증권거래법위반

Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A A is a person who was enrolled in B on January 1, 1993 and works as the head of the stock business division at the above company D branch from March 15, 2006, and Defendant B is a corporation established for the purpose of selling and buying securities.

1. Officers and employees of the defendant A securities company shall be prohibited from performing securities transaction with the property deposited by their customers, unless they are entrusted with such securities transaction;

Nevertheless, on January 11, 2008, the Defendant purchased 43,494,124 won in total from the credit loan of the above F during the period from March 3, 2008 to March 3, 2008 from the date of the purchase of securities account (Account Number:G) with the credit loan of KRW 1,767 (4,910 per share) without being entrusted with the sale of securities by the customer F, and purchased 43,774,124 won in total with the credit loan of the above F, and sold 5,500 won in total, total market value of KRW 22,384,075 won.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the police investigation of the defendant A;

1. Part of the police statement concerning F;

1. Investigation reports (the details of transactions in discretionary trade);

1. A copy of specification of transactions;

1. Application of the statutes on details of stock trade, etc. (10 pages of evidence 10-104);

1. Defendant A: Articles 207-3 and 52-3 of the Securities and Exchange Act (Options of Imprisonment): Defendant B: Articles 215, 207-3 and 52-3 of the Securities and Exchange Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 62-2 of the Criminal Act;