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(영문) 서울중앙지방법원 2014.08.21 2014고정2264
자본시장과금융투자업에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has operated a mutual lending company B.

A person who comes to hold stocks, etc. of a stock-listed corporation (not less than five percent in bulk) by including him/her and any specially related person shall, if the total number of stocks, etc. held by him/her has changed by 1/100 or more of the total number of the stocks, etc. held by him/her, file a report with the Financial Services Commission and the Exchange on the changes (hereinafter referred to as "report on large holding stocks"), within five days from the date such changes are made, respectively.

The Defendant, around October 15, 2010, lent KRW 5 billion to D actual managers of C Co., Ltd., a securities market listed company, to offer 304,748 shares of the said company as security. On October 23, 2010, upon the occurrence of the right to dispose of the said secured shares, the Defendant had been holding 34,748 shares of the said company, including 40,00 shares previously held by the Defendant, including 40,00 shares.

Nevertheless, the Defendant did not report by October 29, 201, which was the period for reporting on possession in bulk, and violated the obligation to report possession in bulk three times in total, as shown in the attached Table, from around that time to June 3, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A written answer to D;

1. Investigation report (the results of unfair trade investigations and processing of stocks ofC);

1. C Application of the relevant statute on the date of receipt of publication;

1. Article 45 subparagraph 20 of the Financial Investment Services and Capital Markets Act and Article 147 (1) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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