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(영문) 창원지방법원 2014.12.09 2013고정1400

상법위반

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is the representative director of D (hereinafter referred to as D) in the window C of Changwon-si.

The Defendant is prohibited from providing financial benefits on the company’s account in relation to the exercise of shareholder’s voting rights, and the company’s articles of incorporation stipulate direct voting, advance voting, or proxy voting by means of exercising voting rights, and thus, should not be urged to encourage certain methods of exercising voting rights. However, in order to restrict proxy voting and encourage shareholders to exercise voting rights by means of direct voting and advance voting, the Defendant was willing to provide large amount of right to exchange goods and D preferential voting rights.

On March 1, 2013, the Defendant provided 942 shareholders who have exercised voting rights in the advance polling method with one copy of the goods exchange right and one of the D preferential reservation right (the right to make up for each shareholder and transfer to non-members and shareholders) issued by the said company to shareholders E who have exercised voting rights in the advance polling method in relation to the election of executive officers of the said company, and provided 9.42 shareholders who have exercised voting rights in the advance polling method from the above date to the 25th of the same month, respectively, with one copy of the goods exchange right and one of the preferential reservation right issued by the said company.

On March 25, 2013, the Defendant respectively provided 200,000 won to shareholders F and 17 others, who participated in the shareholders’ general meeting of the said company at the above D club, who exercised voting rights by means of direct voting.

As a result, the Defendant provided a total of 960 shareholders' account in relation to the exercise of shareholder's rights with financial benefits such as 1.92 billion won and 960 copies of preferential reservation right in the market price.

Summary of Evidence

1. Legal statement of witness G;

1. Each additional statement and reference materials (1) (2) (3) and materials to be submitted by accusers (2) (4), etc. on the suspension of execution of duties);

1.Each.

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