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(영문) 서울남부지방법원 2017.10.26 2017고단2639

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

From May 2009 to March 25, 2013, the Defendant is a person with the authority to make a comprehensive decision on the overall management of C as the representative director of C, from March 26, 2013 to September 22, 2013.

1. Mass holding of stocks, etc. of a listed corporation for a violation of duty of reporting large volume of stocks, etc. (referring to cases where the total number of stocks, etc. held by the principal and his/her specially related persons is at least 5/100

A person who has come to hold stocks shall file a report with the Financial Services Commission and an Exchange on his/her holding status, purpose of holding, details of major contracts on his/her stocks, etc., and other matters prescribed by Presidential Decree within five days from the date of such change, as prescribed by Presidential Decree, and where the aggregate of the number of stocks held, etc. is changed by at least 1/100 of the total number of the stocks, etc., he/she shall file a report on

From September 20, 201 to November 30, 201, the Defendant owned C’s shares 416,674 shares on his own account by using a new branch account (Account Number E) in the name of D used by himself, from around September 20, 2010 to around November 30, 201, and failed to make a large report from around May 201 to around May 20, 201 as a person holding shares of 13,10,092 (25.85%) of himself and a special related person (F, G, H, I, J, and K). Around April 30, 2012, the Defendant did not make a large-scale change from around 13,100,000 to around 12,335,092 shares owned by himself and a related person (24.20%) and did not make a large report during the period from May 20, 2012.

2. Any officer or major stockholder of a stock-listed corporation that breaches its duty to report stocks owned, shall be subject to anyone within five days from the date on which he/she becomes an officer or major stockholder;