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(영문) 서울중앙지방법원 2016.12.13 2016고단7883
자본시장과금융투자업에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From March 12, 2007 to March 12, 2007, the Defendant is a person registered as the representative director of the D&A.

1. The officers or major stockholders of a stock-listed corporation in violation of the Financial Investment Services and Capital Markets Act shall report the ownership status of specific securities, etc. owned on their own account regardless of in whose name the ownership status of such specific securities, etc. is changed, and the details thereof to the Securities and Futures Commission and the Exchange within five days from the date on which such change occurs;

Nevertheless, the Defendant, on November 27, 2013, acquired shares of D Co., Ltd. 18,000 (purchase amount of KRW 108,90,000) on the Defendant’s account using a borrowed account (Korean Investment SecuritiesF) in the name of E (Korean Investment SecuritiesF) around November 27, 2013, failed to report the ownership status of D Co., Ltd from July 9, 2015 to July 25, 2015.

2. Any person violating the Electronic Financial Transactions Act is prohibited from transferring or taking over a means of access in the use and management of the means of access, provided that:

A. On February 28, 2013, the Defendant acquired the Korea Investment Securities passbook (Account Number: I), etc. issued from H in the name of Dongin through G, a staff member of D Co., Ltd, from the Korea Investment Securities Center located in Seocho-gu Seoul Metropolitan Government, and the Korea Investment Securities passbook (Account Number:F) issued from E in the name of Dongin.

B. On March 9, 2015, the Defendant acquired a passbook (Account Number: K) of Korea Investment Securities issued by J from the said G through the said G at the place described in paragraph (a) of Article 2.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police officer against H and J.

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