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(영문) 서울남부지방법원 2015.06.16 2015고단510
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 1, 2009 to August 9, 2012, the Defendant was a representative director of D Co., Ltd. (hereinafter referred to as “D”) and was sentenced to four years of imprisonment in Seoul Eastern District Court on November 23, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on July 12, 2013, and on July 24, 2014, the Seoul Southern District Court sentenced two years of suspended execution to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Southern District Court, and became final and conclusive on August 1, 2014.

1. No executive or employee of a listed corporation that violates the prohibition on the use of any material nonpublic information, who becomes aware of any material nonpublic information prior to disclosure to a large number of unspecified persons, which could significantly affect investors' judgment on investment in connection with his/her duties, shall use such material nonpublic information related to the business, etc. of the listed corporation for trading or any other transaction;

On October 4, 2011, when the Defendant was unable to operate a company any longer due to the aggravation of financial situation at D offices located in Gangdong-gu Seoul Metropolitan Government, the Defendant instructed directors in charge of financial affairs F to prepare an application for rehabilitation procedures against G Co., Ltd., which is D and subsidiaries, and reported from F that the service contract necessary for filing an application for rehabilitation procedures was completed on October 7, 201, and became aware that at that time, the Defendant would become an application for rehabilitation procedures against D.

On October 10, 201, the Defendant, through the electronic publication system of the Financial Supervisory Service on October 24, 201, published the application for rehabilitation procedure renewal on October 24, 2011 for D, and ordered D Fund Team staff H on October 10, 201, prior to disclosure of the said fact, sold 1,753,000 shares of D shares held in seven accounts, including the SK Securities National Bank Account (Account Number I) account in the name of the Defendant.

Accordingly, the defendant is a representative director of D, who is a KOSDAQ-listed corporation.

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