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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The defendant is the representative director of the corporation D in Sung-si, a corporation listed on the KOSDAQ, and E is the financial director of the above company, the F is the head of the planning team of the above company, and G is the head of the planning team of the above company.
While the company was engaged in manufacturing and selling display parts, etc., and the transaction with Samsung F&D, which accounts for about 98% of the sales ratio of the above company on November 19, 2012, was suspended and sought for new business entry, etc., the company was delisting on March 21, 2013 upon the rejection of an opinion on accounting audit from Sam Accounting Firm.
1. A person who comes to hold stocks, etc. of a stock-listed corporation, in violation of the Financial Investment Services and Capital Markets Act, shall report the status of holding, purpose of holding, details of major contracts on the stocks, etc. held, and other matters prescribed by Presidential Decree to the Financial Services Commission and the Exchange within five days from the date on which such change is made, in accordance with Presidential Decree, and where the total number of stocks, etc. held is changed by 1/100 or more of the total number of the stocks, etc. held, he/she shall report the changes to
On September 30, 2010, the Defendant violated the above obligation to report four times in total from that time to March 6, 2013, as shown in the attached Table 1, by using the Samsung Securities Account (I) in the name of the director of H, the secretary of the said company, and the Korea Investment Securities Exchange Unit J (K) in the name of the director of the said company, even though the Defendant’s share holding ratio to the said company has changed by 9.44%, it did not report by October 7, 2010.
2. An officer or major stockholder of a stock-listed corporation in violation of the Financial Investment Services and Capital Markets Act shall be within five days from the date on which he/she becomes an officer or major stockholder;