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(영문) 서울중앙지방법원 2014.09.17 2014고단5454
증권거래법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant, an employee of the Defendant, violated the restrictions on discretionary sale and purchase transactions by buying and selling securities on 66 occasions from April 19, 199 to August 27, 199, by buying and selling securities without obtaining the customer’s decision.

2. In the Constitutional Court Decision 2010HunGa66 Decided April 28, 201, the Constitutional Court rendered a decision of unconstitutionality as to the provision that "where an agent, employee or other worker of a corporation commits an offense under Article 208 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article, if the agent, employee or other worker of the corporation commits an offense under Article 208 in accordance with the proviso of Article 47 (2) of the Constitutional Court Act, which is retroactively invalidated pursuant to the proviso of Article 47 (2) of the former Securities and Exchange Act, which applies to the facts charged in this case by the prosecutor.

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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