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(영문) 서울남부지방법원 2018.01.26 2017고정340

자본시장과금융투자업에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No executive or employee of a listed corporation who becomes aware of any material nonpublic information in connection with his/her duties shall use or allow any other person to use material nonpublic information related to the business of the corporation in the trading or any other transaction of specific securities, etc.

German pharmaceutical company B, in all the world except Korea, China, and Red Congo, has exclusive rights to clinical development, permission, production, and commercialization with respect to all adaptation certificates of C (influent fluorites that selectively suppress fluorines), and D, around July 28, 2015, entered into a contract to receive 680,000,000 separately from the down payment of the down payment from the above B for the success in clinical trials, market approval, etc. on or around July 28, 2015. However, on September 29, 2016, the contract was finally reversed by receiving notification from B that the right to return the relevant fluorites was returned from around 19:07, and the information on the cancellation of the relevant technology export contract was publicly announced around September 29, 2016.

From September 2014, the Defendant worked in the management information team of F (State) in Songpa-gu Seoul, Songpa-gu, Seoul to the present day, and the said company took charge of the security of (State) D and documents related to the said company, and G worked in the communication room advertising team of the said F (State), and in the communication room, the Defendant prepared reports on the contractual destruction of B with the said department.

At around 09:00 on September 30, 2016, the Defendant: (a) before the advertising team office of the above F; (b) prior to the above G’s advertising team office, there is reversal of the contract with B.

Vaves

“I have heard the speech “,” and on the same day 09:05, the General Affairs Team H entered into a contract for the last year.

B The shares are sold as malicious public notice relating to the contract with B.

“Dispatching the I message”

The H had the F sell 370 shares of F (52,725,000 shares) to acquire unjust benefits of KRW 14,075,630.

Summary of Evidence

1. Legal statements by witnesses H and J in part;

1. Statement made by the prosecution with regard to H;

1. G statements;

1. The investigation report (H I.)