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(영문) 서울남부지방법원 2014.02.18 2013고정3033
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of E, violated his duty to report as follows, even though he held the F stocks in bulk.

1. Around December 15, 2010, the Defendant participated in the allocation of capital increase to a third party of F Co., Ltd. with capital increase and held 4,590,359 shares, and 5,825,243 shares held by E Co., Ltd. operated by the Defendant, thereby resulting in the total share ratio of the Defendant and E to 19.86%.

Nevertheless, on December 23, 2010, the Defendant submitted a report on the shareholding status of stocks, etc. to F Co., Ltd. to the Financial Services Commission, etc. as a representative reporter, and failed to file a report in violation of the duty to report the shareholding status by omitting 197,50 shares owned by E, auditor and Defendant’s wife, 16,168 shares owned by H, 198 shares owned by Defendant’s person as Defendant’s wife, and 19,90 shares owned by Defendant’s person as Defendant’s person.

2. On June 27, 2012, the Defendant failed to submit a report on the status of stocks, etc. held in bulk to F Co., Ltd. to the Financial Services Commission, etc. on the grounds that he/she omitted the stocks held by the said G 197,50 shares, 16,168 shares owned by the said H, and 19,90 shares owned by the said I, thereby failing to report the status of stocks held in bulk.

3. On October 4, 2012, the Defendant did not submit a report on the status of stocks, etc. held in bulk to F Co., Ltd. to the Financial Services Commission, etc. on October 4, 2012, in violation of the duty to report on the holding of stocks, etc. by omitting 197,50 shares of the said G, 16,168 shares of the said H, and 19,90 shares of the said I.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of stocks held in bulk;

1. Application of statutes, such as an application for opening a comprehensive trading account;

1. Relevant legal provisions and each obligation to report each of the above Articles 445 subparag. 20 and 147(1) of the Financial Investment Services and Capital Markets Act concerning criminal facts;

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