Crimes Related to Securities and Finance

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Promulgated on June 18, 2012, Effective on July 1, 2012


  1. ▣ SECURITIES CRIME
    • 1. CRIMES DAMAGING THE FAIRNESS OF THE CAPITAL MARKET
증권·금융범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Deliberate concealment of profits gained from the offense
  • Particularly Malicious Commission of the Offense
  • Significant Influence on the Actual Stock Price or Large Scale of Unfair Trading
  • Criminal History of the Same Offense (Imposing of Suspension of Sentence or More Severe Punishment Within Five Years; or More Than Three Incidents of Fines Imposed)
  • Passive Participation Resulting From Outside Pressure
  • Participation is Not Substantial
  • Slight Influence on the Actual Price or Small Scale of Unfair Trading
  • Voluntary Surrender to Investigative Agencies or Whistle-Blowing of Inside Corruption
General Consideration Factor
  • Two or More Criminal History on Suspension of Sentence or for a Greater Offense or Prior History of Disciplinary Measures or Penalty Surcharge Imposed by Regulatory Organizations
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an Accomplice
  • Destroying Evidence or Attempting to Conceal Evidence After the Commission of the Offense
  • Condemnable Motives
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • Passive Participation As an Accomplice
  • Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • Cases Where the Offender Failed to Consume or Retain Most of the Profit from the Crime
  • 2. CRIMES DAMAGING THE TRANSPARENCY OF THE CAPITAL MARKET
증권·금융범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Prolonged and Repeated Commission of the Offense
  • Particularly Malicious Commission of the Offense
  • Criminal History of the Same Offense (Imposing of Suspension of Sentence or More Severe Punishment Within Five Years; or More Than Three Incidents of Fines Imposed)
  • Passive Participation Resulting From Outside Pressure
  • Motive for Committing Offense Can Be Taken Into Consideration
  • Voluntary Surrender to Investigative Agencies or Whistle-Blowing of Inside Corruption
General Consideration Factor
  • Two or More Criminal History on Suspension of Sentence or for a Greater Offense or Prior History of Disciplinary Measures or Penalty Surcharge Imposed by Regulatory Organizations
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an Accomplice
  • Destroying Evidence or Attempting to Conceal Evidence After the Commission of the Offense
  • Condemnable Motives
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • Passive Participation As an Accomplice
  • Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • Cases Where the Offender Failed to Consume or Retain Most of the Profit from the Crime
  1. ▣ FINANCIAL CRIMES
    • 1. ACCEPTANCE OF BRIBE BY AN OFFICER OR AN EMPLOYEE OF A FINANCIAL INSTITUTION ACCEPTANCE OF BRIBE FOR COMMISSION BY AN OFFICER OR AN EMPLOYEE OF A FINANCIAL INSTITUTION
증권·금융범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Active Offer of Bribe
  • Engaging in Improper Conduct or Act of Commissioning Related to Acceptance of Bribe or Causing Actual Damage to a Financial Institution
  • Cases Where the Amount of Bribe is Less Than 20 Million Won
  • Expresses Sincere Remorse(Voluntary Surrender to Investigative Agencies or Whistle-Blowing of Inside Corruption)
General Consideration Factor
  • Criminal History of the Same Type of Offense
  • Commission of the Offense Prolonged for More Than Two Years
  • Active Partcipation as an Accomplice
  • An Officier of a Financial Institution
  • Destroying Evidence or Attempting to Conceal Evidence After the Commission of the Offense
  • Object of Bribe Returned Before the Commencement of an Investigation
  • Faithful Long-Term Serving of Duties
  • Cases of Old-Aged Offenders
  • Passive Participation As an Accomplice
  • Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • No Prior Criminal History
  • 2. OFFER OF BRIBE TO AN OFFICER OR AN EMPLOYEE OF A FINANCIAL INSTITUTION
증권·금융범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Cases Where the Amount of Bribe is 50 Million Won or More
  • Criminal History of the Same Type of Offense (Suspension of Sentence or Sentence More Severe Within Ten Years)
  • Active Offer of Bribe
  • Engaging in Conduct in Return for the Profit Which Constitutes Illegal or Wrongful Performance of Duties
  • Cases Where the Amount of Bribe is Less Than 20 Million Won
  • Passive Participation
  • Passive Yielding to the Recipient’s Active Demands of Bribe
  • Expresses Sincere Remorse (Voluntary Surrender to Investigative Agencies or Whistle-Blowing of Inside Corruption)
General Consideration Factor
  • Two or More Criminal History on Suspension of Sentence or Other Sentences More Severe
  • Offering of Bribe to the Officer of a Financial Institution
  • Offering of Bribe Concerning Significant Benefits
  • Destroying Evidence or Attempting to Conceal Evidence After the Commission of the Offense
  • Lack of Social Ties
  • Prolonged Duration of Offering of Bribe
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • 3. ACCEPTANCE OF BRIBE FOR COMMISSION ON MATTERS BELONGING TO THE DUTIES OF AN OFFICER OR AN EMPLOYEE OF A FINANCIAL INSTITUTION
증권·금융범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Active Offer of Bribe
  • Engaging in Conduct in Return for the Profit Which Constitutes Illegal or Wrongful Performance of Duties
  • Particularly Condemnable Commission of the Offense
  • Cases Where the Amount of Bribe is Less Than 20 Million Won
  • Expresses Sincere Remorse (Voluntary Surrender to Investigative Agencies or Whistle-Blowing of Inside Corruption)
General Consideration Factor
  • Criminal History of the Same Type of Offense
  • Commission of the Offense Prolonged for More Than Two Years
  • Act of Commission
  • Destroying Evidence or Attempting to Conceal Evidence After the Commission of the Offense
  • Object of Bribe Returned Before the Commencement of an Investigation
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • Passive Participation As an Accomplice
  • Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • In cases where the consideration factors for suspension of sentence and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
  • Determining Criminal History
    • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
  • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
    1. ①  In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
    2. ②  In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
    3. ③  In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse(affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.
    4. ④   In the following cases, imprisonment is recommended in crimes violating the fairness of the capital market, even if the cases fall within ③.
      • In cases when the amount of profits gained or when the loss avoided by the offense through market price manipulation is more than 500 million won, and the commission of the offense is particularly malicious.

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