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(영문) 서울남부지방법원 2016.10.13 2016고정831

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to imprisonment for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court, and the said judgment became final and conclusive on April 28, 2016.

A person who comes to hold stocks, etc. of a stock-listed corporation shall report to the Financial Services Commission and an exchange on his/her holding status, purpose of holding, details of major contracts on the holding, etc., and other matters prescribed by Presidential Decree, and where the aggregate of the number of stocks, etc. held by him/her changes by at least 1/100 of the total number of the stocks, etc., he/she shall report the changes to the Financial Services Commission and

The Defendant, from May 2013 to August 2013, lent KRW 2 billion to (ju) License License Agreement to Korea, and received (1.2% of the shares of (1.2%) so as to be collateral, and then disposed of all of the shares of (1.2%) from September 30, 2013 to October 11, 2013, but did not report to the Financial Services Commission and the Exchange on matters concerning the holding or disposal of the said shares until October 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the answer written in D;

1. One copy of the current status, such as the savings bank cans and the subscription and exit of stocks; and

1. Two copies of a written agreement on stock security loan with A and Egypt Korea;

1. A (D and four other persons) mal cans, sludge, and details of stock transactions; and

1. Previous convictions in the judgment: The submission of materials from September 22, 2016 and the application of two copies of the judgment to the court;

1. Article 45 of the Financial Investment Services and Capital Markets Act and Articles 445 and 147 (1) of the same Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;