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(영문) 서울중앙지방법원 2013.09.12 2013고단1010
증권거래법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A’s position and role in the Defendants are the major shareholders, who hold 8.16% of the G shares, at the same time, that they hold 8.16% of the G shares. Defendant B owned 8% of the G shares, and Defendant B actually performed the same company’s management on the ground of H, a nominal representative director, together with A, with the said company, as the major shareholders.

2. An officer, employee or major shareholder of a listed corporation or KOSDAQ-listed corporation in violation of the prohibition on the use of undisclosed information by Defendant A, who becomes aware of material information which is undisclosed to the public in connection with the business, etc. of a listed corporation or KOSDAQ-listed corporation, and a 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 other transaction of securities issued by the corporation

Defendant

A, as a major shareholder who actually manages G along with B, was obligated not to use material nonpublic information related to the business of G, which is a corporation listed in KOSDAQ, in trading, such as trading, etc. of G’s stocks.

Defendant

A, along with B, was exercising de facto influence over G management by receiving reports on the major management matters, etc. of G through B, on the ground of the nominal representative director H, and exercising instructions, as a new project for creating new revenues, A has received a proposal for joint investments and joint investments in the Fund as a new project for creating new revenues, and on October 24, 2007, A intended to proceed with the genetic development project by publicly announcing the fact that G (hereinafter referred to as the “J”) which is an investment company in the genetic development project in Hong Kong located in Hong Kong, will implement capital increase with a third party allocation of KRW 4 billion.

However, Defendant A is subject to an investment in the scheduled time limit from J, the investor.

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