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(영문) 서울중앙지방법원 2015.04.30 2014노1929
증권거래법위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts and misapprehension of legal principles) The Defendant purchased the instant shares from a long-term investment perspective for the formation of the property of its children, and from the purpose of providing assistance to securing shares necessary for the delisting’s delisting, not from purchasing the instant shares by using nonpublic information, such as (i) the tender offer of the instant shares, and (ii) there was no intent to obtain market price gains. Therefore, the Defendant should be acquitted on the grounds that it does not constitute a constituent element of using nonpublic information, or there was no intention to do so.

B) In addition, with regard to the calculation of an additional collection charge, the lower court: (a) deemed the benefit accrued to the Defendant and L’s four children as criminal proceeds; and (b) determined the additional collection charge as it was unlawful due to misunderstanding of facts and misunderstanding of legal principles as to criminal proceeds subject to the additional collection; (b) the lower court’s sentence of unfair sentencing (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

1) G Co., Ltd. (hereinafter “former G”)

(A) Since 2007, the former G reviewed the improvement of the governance structure by means of human division for the purpose of business expansion and capital inducement. On December 2007, 2007, the former G submitted a review report on the improvement of the governance structure from Samil Accounting Corporation, and formed the “T/F team” team around March 2008.

B) On April 11, 2008, the former G decided to divide into the board of directors on April 11, 2008, and on May 29, 2008, the former G held a temporary general meeting of shareholders and held it as “B” (hereinafter “B”).

(G) and New Corporation G (hereinafter referred to as “G”)

a plan for the division of human resources.

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