Text
The judgment of the court below is reversed.
Defendant
A and Defendant C shall be punished by imprisonment for one year, and by imprisonment for eight months, respectively.
Reasons
Summary of Grounds for Appeal
Defendant
A: The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
Defendant
B: misunderstanding of facts and misunderstanding of legal principles with A and C, the Defendant did not have conspired to receive money and valuables from T in return for arranging the trade of Qucom 450,000 shares as indicated in the judgment of the court below, and there is no fact that the Defendant received money and valuables from A in excess of KRW 10,000,000,000, which is recognized by the Defendant as the good offices for the above block
The judgment of the court below which convicted the defendant of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
Defendant
C: The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
Defendant
B With respect to the assertion of mistake of facts and misapprehension of legal principles, Q Co., Ltd. (hereinafter “ Q”) is a telecommunications business entity established on February 200 and listed on the KOSDAQ market on February 2010, which provides mobile phone storage services.
Around May 2014, the Defendant, the head of the Rinvestment Securities S Center, was asked by his customer to dispose of Q 450,000 shares held by Q 450,000 shares, 15% of the total shares issued by Q 150,00 shares, among the shares issued by his major shareholders, and offered T as the head of the R Investment Strategy Team of the R Investment Securities, which was revealed in the market situation.
Accordingly, A is difficult to dispose of stocks within a long time because of the low daily trading volume of Q stocks, and when selling a large volume of stocks with a securities company block (over-time large volume trading) in order to sell stocks in a stable manner and prevent a large quantity of stocks from falling short of the market price through securities company, etc. in order to prevent a large quantity of stocks from falling short of the market price at a time in the stock market.