logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.01 2015고단3533
자본시장과금융투자업에관한법률위반
Text

1. The defendant shall be punished by a fine of twenty million won;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

[criminal history] On October 18, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Financial Investment Services and Capital Markets Act at the Seoul High Court (hereinafter “Seoul High Court”) and the judgment became final and conclusive on December 26, 2013.

[2] A person who holds stocks, etc. of a stock-listed corporation in bulk (referring to a case where the total number of stocks, etc. held by him/her 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 as prescribed by Presidential Decree within five days from the date when such changes occur when the total number of stocks, etc. held is changed by at least 1/100 of the total number of the stocks, etc., and shall report the changes to the Financial Services Commission and the Exchange as prescribed by Presidential Decree within five days from the date when such changes occur, and where the purpose of holding stocks, etc. by a person other than a professional investor is not to influence the issuer's management right, he/she may report the changes to the status of holding stocks, etc. by the 10th of the month following the month when such changes occur

Nevertheless, on February 21, 2011, the Defendant held 903,073 share shares, which are stock-listed corporations, and even though the share holding ratio was 5.44% of the total number of outstanding shares of the said corporation, the Defendant did not report to the Financial Services Commission and the Exchange until February 28, 201, the date on which the obligation to report the holding status, the purpose of holding, and the terms and conditions of major contracts related to the shares held, etc. was reported. The Defendant held 1,340,083 share shares as of March 9, 201, but held 13,780 share shares as of March 11, 201 and held 1,54,053 share shares and did not report them to the Financial Services Commission and the Exchange until April 10, 2011, which was the date on which the aforementioned obligation to report the holding status, etc. was changed by 1.0% or more.

arrow