(영문) 서울남부지방법원 2017.05.25 2016노1119

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(영문) 서울남부지방법원 2017.05.25 2016노1119

자본시장과금융투자업에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles or misunderstanding the management right, the Defendant intended to perform the duty to report immediately after the acquisition of the right of management, but failed to give public notice due to the FI’s failure to cooperate. The new shares of D Co., Ltd. acquired as a result of an increase in capital for consideration was disposed of at will by investors, and did not know the changes, and thus did not perform the duty to report.

Therefore, the defendant is liable for violating the duty to report.

shall not be deemed to exist.

B. In light of the fact that: (a) the Defendant jointly acquired shares of F Co., Ltd. with H; (b) the Defendant (1.45%) who is not the largest holder of shares (4.84%) was punished by this punishment, not the Defendant (1.45%) goes against equity; and (c) the Defendant suffered enormous damage without any error due to the instant stock transaction; (b) the sentence (8 million won) imposed by the lower court is too unreasonable.

2. Determination

A. The Defendant had already asserted the same as the statement in the grounds of appeal in the lower court, and the lower court rejected the allegation in detail under the title “the Defendant’s judgment on the Defendant’s assertion”.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts or by misunderstanding of legal principles as alleged by the defendant, which affected the conclusion

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

In addition, all kinds of sentencing shown in the records and arguments of this case, such as the age, sex, environment, motive, means and consequence of the crime, criminal history, and circumstances after the crime, including those favorable or unfavorable to the defendant.

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