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(영문) 서울남부지방법원 2016.06.15 2015고단4361
자본시장과금융투자업에관한법률위반
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendants A, B, AB, AC, and D were accounting corporations belonging to AE accounting corporations, among which Defendants A, B, AF, AB, and AC were in charge of accounting audits conducted by the Defendants (State) and (State) AG, AB, and AC.

2. No executive officer or employee of a corporation which has entered into a contract with a listed corporation for specific criminal facts, who becomes aware of any material nonpublic information in connection with his/her duties, nor any person who receives material nonpublic information from such corporation shall use the material nonpublic information related to the business, etc. of the listed corporation for the sale and purchase of specific securities, etc.

A. (1) On February 10, 2015, Defendant A (1) obtained “business performance information on April 2014 (Sales, operating profit, and net profit per books)” from AB participating in the accounting audit of the same corporation as a royalty accountant at the office of AE accounting corporation located in Yongsan-gu Seoul Metropolitan Government, by taking advantage of the status of the accounting company of the same corporation, and informed the general public of the above information to purchase 5,628 shares of the same company (Account No. 817,020, 200 won) and 24, 17, 384, 15, 2015, and 16, 206, 15, 205, 201, 15, 206, 201, 15, 201, 15, 206, 201, 15, 206, and 15, 2015.

(2) On October 23, 2014, the Defendant acquired “business performance information (Sales, operating profit, and net profit per books) on March 2014, 2014” from AC participating in the accounting audit of the said AE accounting corporation office, and the Defendant acquired “business performance information (Sales, operating profit, and net profit per books)” to the effect that the said information would have a good business performance from AC (State) and (State) A’s subsidiary (State). When the disclosure of the information is anticipated to increase the price, the information would have been disclosed to the general public.

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