The Supreme Court on Thursday upheld a lower court's acquittal of HSBC's Hong Kong unit on charges related to violating Korea's short-selling rules. Prosecutors earlier indicted the bank in March 2024 for violating the Capital Markets Act, which bans naked short selling, marking the first criminal case of its kind in the country. Naked short selling refers to short selling stocks without first securing them or ensuring they can be secured. Prosecutors alleged three bank employees knowingly engaged in illegal naked short selling of shares of nine publicly traded companies worth about 15.8 billion won ($11.8 million) from August to December 2021. In the first-instance trial, the Seoul Southern District Court acquitted the bank, ruling the employees' alleged offenses were not proven. The court said the employees were likely unaware of the details of the trade since the short-sale orders were placed automatically through the bank's system and they only borrowed shares after trades to cover shortfalls. An appellate court upheld the acquittal before it was finalized by the top court.
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