Lenient outcome · Comparison Pair · Fraud
Listed-company executive: ₩30B insider trading → suspended
Harm
~₩30B trading profit
Sentence
3y
Court
Seoul Southern District Court
Guideline
—
Comparison thesis
Insider trading: small manager ₩2B = 3y prison. KOSPI executive ₩30B = suspended.
Strict outcome
3y
3y prison + ₩2B disgorgement
Small-fund manager: 3y prison for ₩2B insider trading
White-collar · Harm: ₩2B trading profit
Lenient outcome · current case
3y
3y prison, 4y suspension + ₩30B disgorgement
Listed-company executive: ₩30B insider trading → suspended
White-collar · Harm: ~₩30B trading profit
The Capital Markets Act's per-amount escalation should make ₩30B harsher than ₩2B by every doctrinal measure. Restitution-based mitigators favor defendants who can repay quickly — a structural privilege for high-asset insiders.
Case summary
An executive at a KOSPI-listed corporation, with structurally larger access to material non-public information, gained roughly ₩30 billion in trading profit. Despite the much larger amount, the court issued a suspended sentence, citing voluntary disgorgement, prior charity, settlement with the company, and 'no danger of re-offense given retirement.' The Capital Markets Act mirrored the earlier case but the outcome inverted.
Disparity flags
Sources
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