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(영문) 서울남부지방법원 2014.01.15 2013고단3235
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the nuclear business headquarters (general director) of E Co., Ltd. (former FF Co., Ltd.) located on the seventh floor of Guro-gu Seoul Metropolitan Government DD building, and E Co., Ltd. was listed on the KOSDAQ market on March 5, 191 after it was established for the purpose of non-destructive technology inspection, etc.

E Co., Ltd. has presented the net income quarterly for the second quarter of 2010, but on July 2010 and August 2010, losses have been expected to have been incurred due to the increase of development costs and the decrease of sales, etc., and in fact, on the third quarter of 2010, on the basis of the settlement of accounts in the third quarter of 2010, there was a net loss equivalent to about one billion won.

이에 위 회사의 재무이사인 G은 2010. 9. 초순 기획팀장 H를 통하여 회사 임직원들에게 “2010년 3분기는 영업실적이 좋지 않아 적자로 전환될 것이니 스톡옵셥을 가지고 있는 사람은 빨리 행사하라”고 공지하였고, 이후 스톡옵션을 행사할 사람들이 파악되자 그들에게 2010. 10. 6. 스톡옵션을 행사하도록 하였다.

On September 2010, the Defendant appeared to be present at the meeting of the head of the headquarters held around September 2010, and came to know that the actual results of the third quarter of 2010 will be converted to the enemy. Around that time, the Defendant sent a notice to exercise Stockholm options through H.

On October 6, 2010, the Defendant acquired 18,000 shares of the said company on October 20, 2010 and sold the entire amount thereof on October 21, 2010, by using Stockholm prior to disclosure to the Financial Supervisory Service’s electronic publication system (date of disclosure: November 10, 201).

As a result, the Defendant avoided a loss equivalent to 31,338,00 won [the average sales unit price of KRW 8,341 - the closing price of KRW 6,600 on November 15, 2010] x the number of 18,000 shares = 31,338,000 won] by selling any material nonpublic information related to the business of listed corporations.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect examination of G:

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