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(영문) 서울남부지방법원 2019.06.25 2019고단1636

자본시장과금융투자업에관한법률위반

Text

1. Defendant A shall be punished by a fine of KRW 10 million;

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

1. The related company of this case and the merger-related company and the merger-related company settlement agreement (hereinafter “former C”) were established on January 8, 1991 and listed on the KOSDAQ market on June 26, 1997, and were engaged in gifted education, lifelong education business operation, education-related consulting business, etc.

The KOND (hereinafter referred to as the "Gu D") was established on September 16, 2008, and was listed in the KONEX on December 12, 2013, and operated a content business, including entertainment management, film, drama, and music record production.

On July 9, 2014, the Gu made a public announcement of the merger decision with the former D, and on October 7, 2014, the merger of the former D and changed its trade name to the Dispute Resolution Co., Ltd (hereinafter referred to as the “former D”).

2. Defendants B, as the representative director of the former D, worked as the current joint representative director from October 8, 2014 to March 28, 2017, and Nonparty B, as the vice president of the former D from October 8, 2014, controlled the merger agreement with the former D from October 2013 to January 2017.

Defendant

A is a person who has worked as the vice president of the LAF from February 2010 to February 2014, and is in a relationship with E and G, and G is a representative director of the LAF from February 25, 2010 to August 6, 2013, and a person who has worked as an internal director of the same company from February 25, 2010 to March 25, 2016.

3. No person who has entered into or is negotiating a contract with a listed corporation using any material nonpublic information by a defendant A and has become aware of any material nonpublic information (referring to information that may significantly affect investors' judgment on investment and that has not yet been disclosed to a large number of unspecified persons in a manner prescribed by Presidential Decree) in the course of concluding, negotiating or implementing such contract shall allow any other person to use such material nonpublic information;

The Gu D intends to expand its business through a merger with the Gu C on April 2014.