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(영문) 대구지방법원 2014.06.27 2013고합379
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution due to the violation of the Punishment of Tax Evaders Act by the Daegu District Court, and the judgment became final and conclusive on April 30, 2013.

From September 16, 2008 to July 16, 2010, the Defendant served as the representative director of G Co., Ltd. (hereinafter “G”), a KOSDAQ-listed corporation in Ansan-si F, Ansan-si, and finally decided and executed major policies on its management.

1. An executive or employee of a KOSDAQ-listed corporation that violates the prohibition on the use of material nonpublic information and who becomes aware of material nonpublic information in the course of performance of his/her duties shall not use material nonpublic information related to the business of the corporation in the trading or any other transaction of specific securities

Nevertheless, on February 9, 2010, the Defendant was found to have reported the material nonpublic information that G’s net profit per fiscal year from 1.4 billion won or more to 20 billion won or more in the business year 2009 as a result of an accounting audit conducted by Haman, a person in charge of charge of charge of G Energy Business Department, for the purpose of using HTS in the G office around March 16, 2010, the Defendant sold KRW 123,50,00 to 129,155,890, and sold KRW 705,50,000,000 from that time to March 16, 2010, to 305,715,751,705, and 705,51,000 won or more of the Defendant’s first shares after the disclosure of information, as stated in the list of offenses, to March 16, 2010.

2. On October 21, 2008, the Defendant violated the obligation to report stocks held in bulk and filed a report on stocks held in bulk as a representative reporter holding 17,402,744 shares (59.24%) including seven stocks held by specially related persons, such as K, etc.

A person who comes to hold stocks, etc. of a stock-listed corporation in bulk.

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