2015 Highest 1269 Violation of the Financial Investment Services and Capital Markets Act

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Freeboard ( Indictment) and Manman (Public Trial)

Law Firm

June 2, 2015

Defendant shall be punished by a fine of KRW 30 million.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

40 million won shall be additionally collected from the defendant.

Criminal facts

1. Basic facts

A Co., Ltd. (hereinafter referred to as "A") and B (hereinafter referred to as "B") (hereinafter referred to as "B") a domestic company of 2nd portal companies in Korea are determined as the largest shareholder of A around April 15, 2014 by Lee○ and Kim○, the largest shareholder of B, as the largest shareholder of A, as the promotion of a merger, and on May 8, 2014 through practical work.

15: At around 00, the A meeting of the board of directors notifies outside directors of the merger of both houses, and on May 16, 2014.

19: At around 00, B notified outside directors of the two mergers by e-mail, and May 2014.

23. 22: Around 00, after the merger resolution was passed at the board of directors of the two companies, a public announcement was made on May 26, 2014: 20:

2. Specific facts of crime;

A listed corporation (including its affiliated companies) or an executive, employee, or agent of such corporation, a person who has become aware of any material nonpublic information in connection with his/her duties, a person who has become aware of such material nonpublic information in the course of exercising his/her rights as a major shareholder of such corporation, and a person who has received material nonpublic information from such person shall not use material nonpublic information related to the duties, etc. of the listed corporation in the trading or other

The defendant is a joint representative director of C (hereinafter referred to as "C") who is an affiliated company of A, and is a joint representative director of C (hereinafter referred to as "C"), 2014.

5. 20: around 00, at around 20: 00, “A and B will be merged with Red ○, another joint representative director of C, for the future of the C after the merger,” refers to undisclosed important information, and as the price increase is anticipated to increase if such information is disclosed, the information will be disclosed to the general public on May 26, 2014.

5. 23. 23. 09: around 01, at around 00, the shares A 2,000 shares with the Defendant’s name account were purchased in KRW 129,10,00, and acquired unjust enrichment equivalent to KRW 52,48,130.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 43(1)1 and 174(1)1 of the Financial Investment Services and Capital Markets Act

1. Selection of punishment;

Selection of Fines

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (General Consideration Considering the following favorable circumstances):

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Additional collection:

Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (a)

Reasons for sentencing

[Scope of Recommendation] The sentencing criteria are not applied because of the choice of fine.

【Determination of Sentence】

The Defendant acquired profits using material nonpublic information, such as the merger between portal companies and mobile companies representing the Republic of Korea, and thereby, the Defendant cannot be deemed to be less liable for the crime in that the fairness of the capital market was infringed.

However, the crime of this case appears to be derived from contingent desire rather than planned, and it is purchased by using only part of the cash balance held in the name of an individual of the defendant without using a large quantity of friendships by mobilization of friendships, etc., and the withdrawal from the company operated by the defendant due to this case, there is no criminal records, and there is no criminal records, and it is against the depth of the criminal facts, and it is possible to faithfully return the acquired unjust enrichment, such as fines and additional collection as ordered.

Judges Senior Jin-jin