자본시장과금융투자업에관한법률위반
Defendant shall be punished by a fine of KRW 25,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Status of Defendant] (State)C was established for the purpose of manufacturing and selling steel products around January 18, 200, and was listed on the KOSDAQ market around October 27, 2009.
The Defendant is a person who, around March 1, 2006, became a director in the career service division at around (ju) C, and served as a director from around April 1, 2013 to March 26, 2018.
[Criminal facts]
1. No person who is an executive or employee of a listed corporation and becomes aware of any material nonpublic information related to the business of the corporation in connection with his/her duties shall use such information for the sale and purchase of specific securities, etc. or any other transaction;
As a director in charge of the financial affairs of the above company, the defendant planned to increase the capital for a consideration in the middle of August 2016, and around August 24, 2016, the defendant knew material information that "(State) C's 3.5 billion shares were transferred in the possession of representative director D and used to repay the loans secured by stock in the process of performing the business of using approximately KRW 4.9 billion in the amount of KRW 28.3 billion ( approximately KRW 20.8 billion in the existing debt repayment and KRW 7.5 billion in the business fund) in the name of the business fund) in order to "the repayment of the existing debt and the plan to increase the capital in the amount of KRW 7.5 billion in the name of the non-public interest."
Nevertheless, prior to disclosure of the above information, the Defendant sold the shares of KRW 12,435,08, which he/she held by using the information on the circumstances around August 26, 2016 and August 29, 2016, and avoided losses equivalent to KRW 12,435,081, by selling the shares of KRW 21,558.
Accordingly, although the defendant was aware of material nonpublic information related to the business of a listed corporation as an executive of the listed corporation in connection with his/her duties, he/she traded specific securities.
2. An officer or major shareholder of a stock-listed corporation that violates the duty to report the ownership status shall carry out the ownership status of specific securities, etc. owned on his/her own account, regardless of in whose name the officer or major shareholder becomes an officer or major shareholder;