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(영문) 서울남부지방법원 2015.10.29 2015고단3087
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 70,000,000.

When the defendant does not pay the above fine, 500,000 won.

Reasons

Criminal facts

On March 22, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act, etc. at the Seoul High Court on March 22, 2013, and the said judgment became final and conclusive on July 24, 2014. On May 1, 2015, the Seoul High Court sentenced two years and eight months of imprisonment for a violation of the Financial Investment Services and Capital Markets Act from Seoul High Court to the said judgment on August 27, 2015.

Criminal facts

1. (State) Violation of obligation to report related toC;

(a) 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 to the Financial Services Commission and the Exchange on his/her holding status, purpose of holding, major terms of contract concerning the stocks, etc. held, and other matters prescribed by Presidential Decree in a manner prescribed by Presidential Decree, and where the total number of stocks, etc. held is changed by at least 1/100 of the total number of such stocks, etc.

However, from July 5, 2010 to July 26, 2010, the Defendant purchased 4,267,400 shares (5.59%) of the hotel casino operation company (ju) from 14 accounts, including D, E, and F, used by himself/herself as his/her borrowed name, and held in bulk. From August 2, 2010 to August 3, 2010, the Defendant failed to file a false report on the changes in the shares of (ju) C from August 2, 2010 to August 3, 2010, and purchased 932,590 shares using the above D, E, and 6.7% of the shares ratio from 6.7% to 7.9% of the shares ratio, but thereafter changed from August 10, 2010, and did not report the changes in the shares to August 10, 201.

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