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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that executive officers and employees of a securities company who are the employees of the defendant's employees are not able to trade securities with the property deposited by the customers without being entrusted with the sale and purchase transaction of securities by the customers. However, on January 11, 2008, at the defendant's D branch located in Ansan-si, Nowon-gu, Seoul-si, the defendant did not be entrusted with the sale and purchase of securities from the customer F, and during the period from March 3, 2008 to March 3, 2008, such as purchase of 1,767 shares with the securities account credit loan of the above F, the defendant purchased 8,74 shares with the above FF's credit loan of total amount of 43,50 shares, total market price of 43,494,124 won, and sold 5,50 shares, total market price of 2,384,75 won at will.
2. The prosecutor of the judgment was prosecuted by applying Articles 215, 207-3 and 52-3 of the former Securities and Exchange Act (amended by Act No. 5254, Jan. 13, 1997; Act No. 8635, Feb. 4, 2009; Act No. 8635, Feb. 4, 2009; hereinafter referred to as the "former Securities and Exchange Act") to the facts charged in the instant case, and a fine of KRW 5,00,000 was sentenced and finalized.
However, after the above judgment became final and conclusive, Article 215 of the former Securities and Exchange Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 207-3 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article shall also be punished by the Constitution (Supreme Court Order 2013Hun-Ga10 Decided June 27, 2013). The part of the above legal provision, which is the applicable provisions of the facts charged, retroactively loses its effect pursuant to the above decision of unconstitutionality.
If so, the facts charged in this case constitute a crime.