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대전지방법원 논산지원 2014.01.28 2013고단284

자본시장과금융투자업에관한법률위반

Text

The accused shall be innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant is the vice president of a stock company C (hereinafter “instant company”) from May 20, 2010 to October 21, 2010.

1. No executive, employee, or agent of a corporation that violates any duty not to use any material nonpublic information or any of its executives, employees, or agents shall use such information in trading or any other transaction of specific securities or any other transaction, or allow any other person to use such information, in connection with his/her duties (information that may have a significant impact on investors' judgment on investment, and that has

Nevertheless, on July 2010, the Defendant: (a) came to know in the course of performing his/her duties the Defendant refused to review the financial statements of the instant company 2010 half-year (hereinafter “instant information”); and (b) avoided losses equivalent to KRW 127,00,000 by selling 227,713 shares of the instant company’s shares through the account in the name of the principal of the branch in which modern securities were located during the period from July 23, 2010 to August 2, 2010, before disclosure of the instant information (round August 16, 2010).

Accordingly, the Defendant violated the duty of prohibiting the use of material nonpublic information.

2. Any executive officer or major shareholder of a stock-listed corporation that has violated his/her duty to report shall report the ownership status of specific securities, etc. on his/her own account regardless of in whose name the ownership status of such specific securities, etc. is changed, and, if there is a change in the ownership status of such specific securities, etc., report the details thereof to the Securities Futures Commission and the Exchange respectively in

Nevertheless, the Defendant did not report the ownership status and change of specific securities to the Securities Futures Commission and the Exchange in the course of selling 107,713 shares of the instant company on July 23, 2010, July 26, 2010, July 30, 2010, July 27, 2010, July 28, 2010, and 227,713 shares on August 22, 2010.