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(영문) 서울중앙지방법원 2013.06.18 2013고단831
자본시장과금융투자업에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year and fine for 200 million won, and Defendant B shall be punished by a fine for 200 million won, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A The trade name of (State) F, which is a KOSDAQ-listed corporation, was changed from September 17, 201 to (State)U in September 17, 201, and from March 30, 201 to (State)F, respectively.

J. (State) The trade name was changed from (State)V to (State)G on August 5, 2010;

Notes B’s trade name was changed from W to S Company (State) on October 5, 2010, and from October 4, 201, to B (State), respectively;

( Note) The Chairperson of the I Group composed of H et al. is F’s registration director and G and B’s representative director, and Defendant B is a corporation established for the purpose of corporate restructuring, etc.

1. Defendant A

(a) No person who engages in an acquisition or disposition of nonpublic information, or an executive, employee, or agent of a person who engages in an acquisition or disposition of stocks in bulk, and becomes aware of any material nonpublic information regarding the commencement or discontinuance of an acquisition or disposition of stocks, etc. in connection with his/her job, shall use such material nonpublic information in trading or any other transaction related to the stocks, etc.;

On August 4, 2010, the Defendant, including the Defendant, was aware of the material information that was not disclosed to the public in the course of performing his duties by a resolution of the board of directors of G, composed of five management committees of I Group including the Defendant and the Defendant and the Defendant’s wife, to change F’s large shares from B to G by means of large acquisition of GF’s shares, with a view to purchasing F’s shares and acquiring market profits by purchasing them.

Thus, around August 5, 2010, the Defendant purchased 328,195 shares of F in the name of M using a computer installed in the office of Jongno-gu Seoul, Jongno-gu 512 B by means of L, an employee, etc., from that time to that time, from that time, the Defendant purchased 328,195 shares of F in the name of M.

9. Until March, 9.3, F’s shares with the IBK Securities Account in the name of M,O, P, Q, and R, as shown in the Schedule of Crimes (1) by 12 times in total, as shown in the Schedule of Crimes (1). The amount equivalent to KRW 4.7 million after purchasing F’s shares with the IBK Securities Account in the name of M,O, P, Q, and R and S.

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