logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.22 2015고정2609
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The status of the defendant and the persons interested in the case, the defendant and the D (the indictment on detention on October 23, 2015) are the accountants belonging to E.

2. No executive or employee of a corporation which has entered into a contract with a listed corporation for specific facts of the crime, who becomes aware of the material nonpublic information in the course of performing his/her duties, nor any person who has received the material nonpublic information from such executive or employee shall use any material nonpublic information related to the business, etc. of a listed corporation in trading or any other transaction involving specific securities, etc. or allow any other person to use it, and no certified public accountant

The defendant, taking advantage of his official position such as the fact that he is an accountant belonging to the accounting firm that audits D and listed corporations, has deducted performance information, etc. prior to disclosure of listed corporations to share and sell stocks, gifts, etc., and exchanged nonpublic performance information prior to disclosure.

On February 2, 2015, the Defendant acquired the information on the quarterly business performance (sales, operating income, and net income) from the E office located in Yongsan-gu Seoul Metropolitan Government, from the accounting director H participating in the accounting audit of the company, and informed the D of the fact that the business performance of the company is good.

Accordingly, D, on February 2, 2015, prior to the disclosure of the above information, obtained 80 shares of the company (purchase price: 12,360,000 won) from the bank account (Account Number I) in lieu of D on February 4, 2015 and obtained unjust enrichment of 280,807 won from the general public.

Accordingly, the defendant allowed D to use material nonpublic information related to the business of listed corporation in the sale of specific securities.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Abstract of mobile communications between D-A

1. The correspondence of text messages from D and A mobile phone text messages; and

arrow