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Defendant shall be punished by a fine of four million won.
Of the facts charged in the instant case, the act of discretionary sale under the former Securities and Exchange Act.
Reasons
In a final and conclusive judgment that recognized several concurrent crimes with the scope of trial by this court as guilty, where it is deemed that there exist grounds for request for retrial only for a part of the facts constituting an offense among them, the decision to commence retrial has to be made on the whole of the judgment. However, inasmuch as the effect of the decision to commence retrial is limited to the facts constituting an offense for which there is no grounds for retrial under the nature of the system of retrial, which is an emergency remedy, as the effect of the decision to commence retrial is included in the object of trial formally, the retrial court cannot reverse the conviction by re-examination. However, since a new sentencing should be imposed on that part, only within the scope necessary for sentencing can be deliberated only.
(1) As to the crime of violation of the Securities and Exchange Act due to securities trading on one’s own account without any grounds for retrial among the judgment subject to retrial, the said judgment is to be deliberated only to the extent necessary for sentencing.
Punishment of the crime
The defendant is a juristic person established for the purpose of selling and buying securities. A, an employee of the defendant, who is an employee of the defendant, is engaged in managing customer's stock account while working in the business division, and no employee of a securities company may trade securities on his own account regardless of whose name it is named;
A. On December 19, 2001, through the treatment securities account (Account Number C) at the Hando-dong 34-3 office located in Yeongdeungpo-gu Seoul Metropolitan Government on December 14, 2001, purchase at KRW 7,600 per share of 500 shares in the same order at its own account, and make transactions over a total of 100 times from that time until May 14, 2002, as shown in Appendix 8;
B. D at the place described in the preceding paragraph of October 9, 2001.