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(영문) 서울남부지방법원 2021.03.19 2020고정2026
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who holds stocks, etc. of a stock-listed corporation in a large quantity (where the total number of stocks, etc. held by the person him/herself and his/her specially related persons exceeds 5% of the total number of such stocks, etc.), shall report his/her holding status, etc. to the Financial Services Commission and the Exchange within five days from the date of such change, and where the total number of stocks, etc. held is changed by at least 1% of the total number of the stocks, etc.

Around October 26, 2015, the Defendant failed to perform his/her duty to report large-scale possession of shares (18.89% of the total number of issued and outstanding shares) on the ground that he/she acquired a share and management right from the former largest shareholder and D, a representative director, etc. of the Dispute Resolution Co., Ltd., and failed to perform his/her duty to report by acquiring a share and management right from B (2,008,687 shares (18.89% of the total number of issued and outstanding shares). On December 2, 2015, the Defendant changed the share ratio from 18.89% to 0% of the total number of issued and outstanding shares).

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Accusation and notification of suspected violation of the Financial Investment Services and Capital Markets Act;

1. Each one copy of a written opinion on processing measures against seven persons, such as E, and a written opinion review;

1. One copy of the answer sheet A, F, G doorbook and D doorbook A, respectively;

1. A contract for acquisition by transfer of stocks and management rights on October 26, 2015 and one copy of the contract for acquisition by transfer of stocks and management rights on December 2, 2015, respectively;

1. One copy of a report on the large-scale holding status of stocks, etc. held by the H investment association on December 2, 2015, the I Investment Association on December 2, 2015, and the B on December 11, 2015, respectively;

1. A copy of recording with the J and the personnel of the securities company;

1. One copy of a contract for acquisition by transfer of K's stocks and management rights on October 26, 2012, which was added to B as a transferee;

1. One copy of the screen of the closure of the B association ( October 31, 2017), which is equipped with the National Tax Service’s data inquiry by the National Tax Service;

1. On November 19, 2018, Part I of the total number of shares issued by K, among investigation reports (the copy of the record No. 74809, Seoul Southern District Prosecutors' Office No. 2016, Dec. 19, 2018).

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