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(영문) 인천지방법원 2015.05.28 2015고단1725
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No executive, employee, or agent of a listed corporation who becomes aware of any material nonpublic information in the course of performing his/her duties shall use the material nonpublic information related to the business affairs of the listed corporation for the trading of specific securities, etc. or any other transaction or allow another person

On May 21, 2012, the Defendant served as the head of the planning office and the deputy head from December 27, 2012 to May 20, 2014, and was in charge of stock management and public announcement.

On September 23, 2013, the Defendant came to know of the material nonpublic information that the largest shareholder B of Yeonsu-gu Incheon Building C was changed to E, a company, the sales company, from the Japanese largest reproduction and distribution company, and acquired unjust enrichment of KRW 51,495,182 on October 2, 2013, from the purchase of KRW 125,987,260 of the shares B in the name of F from the account of one speculative securities from the 25th to the 26th day of the same month, and after the purchase of KRW 21,154 of the shares B in the name of F, one transferber2 (G). Since October 2, 2013, the above nonpublic information was announced to the general public, the Defendant sold shares B, KRW 7,862, and KRW 13,292 of the same month and acquired unjust enrichment of KRW 51,495,182.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, F, I, and J;

1. Investigation report (data attached - Details of stock trade);

1. Application of Acts and subordinate statutes of one copy of a detailed statement of transactions, such as a copy of the results of investigation and treatment, a copy of a loan certificate, etc.;

1. Article 43 (1) 1 of the Financial Investment Services and Capital Markets Act and Articles 174 (1) of the same Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Securities and Finance: Offenses infringing on fairness in the capital market (use of undisclosed important information, manipulation of prices, and illegal transactions) (the amount below 100 million won) [Determination of the recommended area] Basic Field (the amount of imprisonment between six months and one year and six months] - Reduction element: Crimes.

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