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(영문) 서울남부지방법원 2019.01.10 2018고단2248
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On July 4, 2013, the Defendant was sentenced to one-year suspended sentence of imprisonment for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court, and the said judgment became final and conclusive on August 27, 2015.

【Criminal Facts】

1. A person who holds stocks, etc. (referring to cases where the total number of stocks, etc. held by the person himself/herself and his/her specially related persons is at least 5/100 of the total number of such stocks, etc.) of a stock-listed corporation subject to reporting on holding of stocks, etc. 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 of holding, as prescribed by Presidential Decree, and where the total number of such stocks, etc. is changed by at least 1/100 of the total number of such stocks, etc. (excluding cases where the number of stocks, etc. is not changed,

On February 13, 2012, the Defendant, a total of three persons, including the Defendant and a special-related parties B, acquired shares 1,606,541 shares in the Dispute Resolution Co., Ltd. (9.33% of the total issued shares), and the Defendant, despite having acquired the shares for the purpose of management participation, filed a false report on the purpose of holding the shares for the purpose of simple investment on the same day, and did not report the purpose of holding until July 29, 2013, and did not report the false purpose of holding or decrease of shares, thereby violating the obligation to report the shares held in bulk over 12 times in total as shown in the attached Table 1 of the List of Offenses Act.

2. An officer or major stockholder of a stock-listed corporation which has violated its duty to report stocks owned, shall hold specific securities, etc. owned on his/her own account, regardless of in whose name he/she has become an officer or major stockholder, within five days.

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