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(영문) 서울남부지방법원 2016.11.16 2016고정2233
자본시장과금융투자업에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who comes to hold 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 that violates his/her duty to report holding in bulk shall report the changes in the holding status, etc. within five days from the date on which such changes occur, and a person who reports the changes in the total number of stocks, etc. held thereby shall report the changes to the Financial Services Commission and the Exchange in accordance with Acts and subordinate statutes within five days from the date of such changes, and shall not make a false statement

Around October 2011, the Defendant knew that D, its husband, offered a security to E at the hearing of the company B, which was not reported to the Financial Services Commission, etc. within five transaction days, and did not report on the following five times until June 25, 2012, as listed in the crime list 1, or submitted a false statement on important matters.

(b) An executive officer or major shareholder of a stock-listed corporation that has violated his/her duty to report stocks held shall report the ownership status of specific securities, etc. owned on his/her own account regardless of in whose name the ownership of such specific securities, etc. is changed, to the Securities and Futures Commission and the Exchange within five days after such change occurs, and shall not make a false report thereon.

The defendant, who is the representative director of the corporation B, is not reported to the Financial Services Commission, etc. by March 20, 2012, even though he/she disposed of 2,097,546 shares that D offered as security to F within the head of the corporation operating a dispute settlement agreement, which was disposed of by D as security in the B-U.S., from March 13, 2012.

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