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(영문) 서울중앙지방법원 2019.07.18 2019고단741
자본시장과금융투자업에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 300 million.

If the defendant does not pay the above fine, 30,000 won shall be paid.

Reasons

Punishment of the crime

1. Violation of the Financial Investment Services and Capital Markets Act;

(a) Where a stock-listed corporation that has violated its duty to report stocks, etc. held in bulk (referring to 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.) changes in its holding status, the purpose of holding, major terms and conditions of the holding, etc., and other matters prescribed by Presidential Decree in a manner prescribed by Presidential Decree, or changes in major terms and conditions of the stocks, etc., the person who has reported to the Financial Services Commission and the Exchange shall report the changes in such changes to the Financial Services Commission and the Exchange within five days from the date on

On May 26, 2016, the Defendant, as a stock-listed corporation-listed corporation, filed a false statement on important matters by omitting 340,044 shares in the B-registered shares owned by the Defendant and special parties, on the ground that the number of shares owned by B-listed corporation was increased from 37.10% to 39.34% of the total number of shares issued by B-listed corporation due to the acquisition of preemptive rights to new shares issued by B-listed corporation in the building of Overcheon-si, Seoul.

On May 26, 2016, and June 24, 2016, including this, the Defendant entered important matters in the report document held in bulk, as shown in attached Table 1, on a total of two occasions.

(b) An executive officer or major shareholder of a stock-listed corporation that breaches its duty to report the status of ownership, or breach of its duty shall own specific securities, etc. on his/her own account regardless of in whose name the ownership of such specific securities, etc. is changed, and by the method prescribed by Presidential Decree not later than five days from the date of change, if any;

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