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(영문) 서울중앙지방법원 2011.04.07 2010고단5647

증권거래법위반

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. The Defendant was working as the representative director of G Co., Ltd. (hereinafter “G”), a listed corporation, and the Defendant was working as the representative director of G Co., Ltd. (hereinafter “B”) from July 3, 2008 to July 3, 2008, who was working as the representative director of G Co., Ltd. (hereinafter “B”) from July 3, 2008 to March 31, 2009, and continued to serve as the representative director of G, while exercising overall control over B’s business.

A person who becomes aware of information on the conduct of tender offer that is not open to the public in connection with the business of an issuer of securities subject to tender offer as an executive officer of a tender offerer who violates the prohibition of using undisclosed information, and a person who receives such information from him, shall not use or allow another person to use the information in connection with the sale and purchase or other transaction of securities issued by

1) On April 11, 2008, the Defendant, in violation of B’s prohibition on the use of undisclosed information related to the purchase of G stocks, commenced a project to improve the governance structure to convert G into pure holding company in order to attract entry into foreign countries and investment. Around December 2007, 2007, the Defendant submitted a review report on the improvement of the governance structure by Samil Accounting Corporation, and was established on March 2008, and promoted a project to improve the governance structure by organizing the “Management Restructuring/F Team” to implement the project in detail. On April 11, 2008, G was approved by holding a temporary shareholders’ meeting on May 29, 2008, and completed the registration of the division on July 3, 2008, and was re-listed on July 29, 2008.

On August 2008, the Defendant, unlike G and B’s share price anticipated, is more than G’s share price, a business company.