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(영문) 수원지방법원 안산지원 2019.10.02 2019고단2913
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who comes to hold stocks, etc. of a stock-listed corporation (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 of the total number of such stocks, etc.) shall report to the Financial Services Commission and the Exchange within five days from the date of such holding, the purpose of holding, details of major contracts on the stocks, etc. held, and other matters prescribed by Presidential Decree, and where the total number of stocks, etc. held is changed by at least 1/100 of the total number of such stocks, etc., he/she shall report the changes to the Financial Services Commission and the Exchange within five days from the date of such change, as prescribed by Presidential Decree, notwithstanding the fact that he/she reported the changes in the number of stocks, etc. held by B, a listed company, in the manner prescribed by Presidential Decree, on June 28, 2016, he/she did not perform his/her duty to report at least 12/10 of the total number of stocks held by the stock-listed corporation or 10/10/10 of the stocks held.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. Application of Acts and subordinate statutes, such as findings of unfair trade;

1. Article 45 subparagraph 20 of the Financial Investment Services and Capital Markets Act, Article 147 (1) and (3) of the same Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the extent and frequency of violations of the reason for sentencing under Article 62(1) of the Criminal Act is reasonable, considering all the circumstances, including the fact that there is no record of the same criminal punishment, and that there is no record of mistake and rebuttal;

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