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(영문) 서울중앙지방법원 2016.02.15 2015고정4684
증권거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From July 5, 2007 to March 20, 2009, the Defendant served as the representative director of the stock-listed corporation C (hereinafter “C”) of Asan City Co., Ltd. (hereinafter “State”).

No representative director of a stock-listed corporation shall sign even though he/she knows that necessary matters for the protection of investors are omitted in quarterly reports or false entries are entered therein.

Nevertheless, on August 14, 2008, the Defendant filed an application with the Financial Services Commission and the Exchange for a final and conclusive report of March 2008, with the knowledge that the application for provisional disposition was omitted in the quarterly report of 2008 (State)C, with the knowledge that the above fact was omitted, the Defendant signed the quarterly report where it was omitted and submitted it to the Financial Services Commission and the Exchange.

As a result, the Defendant signed his name in the quarterly report of the stock-listed corporation (State) C even with the knowledge of the omission of necessary matters for the protection of investors.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of stock-listed corporations), investigation report (certified copy of the corporate registry, such as the stock-listed corporation and the bankruptcy bank);

1. The person suspected of violating the Securities Transaction Act and the details thereof

1. Application of statutes on quarterly reports;

1. Article 207-3 subparag. 2-2 and Article 186-3 of the former Securities Transaction Act (amended by Act No. 8635 of Aug. 3, 2007, No. 2 subparag. 1 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Feb. 4, 2009), the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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