The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined as not guilty on the grounds that (1) Defendant B’s interest is deemed as Defendant A’s interest, or that the J’s interest cannot be deemed as Defendant B’s interest, and otherwise, there is insufficient evidence to acknowledge that the said interest was acquired through the use of undisclosed information. (2) The specific amount of profit acquired by Defendant B’s use of undisclosed information is the amount based on March 12, 2007, and that there was no proof of the relevant crime regarding the excess portion, and rejected the Prosecutor’s argument in the grounds of appeal disputing this issue.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the calculation of profits derived from a violation of the proviso of Article 207-2 (1) and (2) of the former Securities and Exchange Act (amended by Act No. 8635 of Aug. 3, 2007 and repealed by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 9

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.