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Defendants are innocent.
Reasons
The summary of the Defendants and the defense counsel’s arguments regarding the determination of dismissal of prosecution due to the non-existence of facts charged was specified in the facts charged in this case.
In order to do so, the time, volume, price, and volume of all orders of each trading cycle analyzed by the prosecutor should not be specified, but it should not be omitted from the order of 200 options trading made within the time limit, and the method of establishing each trading cycle should be included in the case where the method of establishing each trading cycle is not the method of quantity reduction.
Since the facts charged of this case are not specified in the indictment, the indictment of this case shall be dismissed by judgment pursuant to Article 327 subparag. 2 of the Criminal Procedure Act.
The purport of allowing the court to specify the facts charged by specifying the time, place, and method of the crime in the indictment is to limit the object of the trial against the court and to facilitate the exercise of the right of defense by specifying the scope of defense against the defendant. As such, it is sufficient that the facts charged are stated to the extent that it can be distinguished from other facts by integrating these elements, and even if the date, time, place, method, etc. of the crime are not explicitly indicated in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, and if the general description of the facts charged is inevitable in light of the nature of the crime charged, it cannot be said that the indictment is unlawful because the contents of the indictment are not specified, and in particular, in the case of a comprehensive crime, even if the whole crime is not specified in detail for each act constituting part of the crime, the whole crime is to be specified if it is clearly stated in the time and period of the crime, method of the crime, the victim or the other party, the frequency of the crime,