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(영문) 서울중앙지방법원 2015.02.04 2013고정6744
자본시장과금융투자업에관한법률위반
Text

Defendants are not guilty.

Reasons

1. Defendant A is without merit, Defendant B is the Chairperson of the I Co., Ltd., and J is the representative director of K Chairman, who is an affiliated company of L Co., Ltd. (hereinafter “L”) and M Co., Ltd. (hereinafter “M”) and the representative director of K Co., Ltd. (hereinafter “O”).

Any officer or employee of a KOSDAQ-listed corporation who becomes aware of any material nonpublic information which may produce a significant impact on investors’ judgment on investment before it is made public in connection with his duties, and any person who receives such information from him, shall not use or allow another person to use such information in connection with the sale and purchase or any other transaction of securities issued by the corporation concerned.

On June 3, 2013, around 17:18, 2013, the said J was discovered as a changerology in which the Chairperson of L and M, a KOSDAQ-listed corporation, commits suicide in the first floor machinery room of the Seocho-gu Seoul Metropolitan Government P building, and K was discovered as a changerology in which the Chairperson of L and M, a KOSDAQ-listed corporation commits suicide.

(Unpublicly important information) has received a report.

Accordingly, the J is anticipated that the share price of the above company will rapidly decline because the president of the GJ, as the president who has led two listed companies, disclosed his suicide and reported to the media, not only would it act as maliciouss in itself, but also “the fact that K et al. conspireds with the J et al. before several years and embezzled the shares owned by the company and used funds raised by the above K et al. as a collateral to the bond company.” As such, it disposes of the shares held under the name of the borrower, the shares held by the K president by the K et al., and the shares held under the name of relatives, and the shares held by the K et al. so that the bond company can dispose of the shares by notifying the friendship company of such information, and the defendant B is a direct office.

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