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(영문) 서울남부지방법원 2018.01.12 2017고정1779
자본시장과금융투자업에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who holds stocks of a stock-listed corporation in large volume shall report the status of his/her holding, purpose of holding, details of major contracts on his/her holding, 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 held is changed by at least 1/100 of the total number of the stocks, he/she shall report the details of such change to the Financial Services Commission

On August 27, 2010, the Defendant, in collusion with B, entered into a contract for acquisition of management rights with C Co., Ltd. (hereinafter “E”), a major shareholder of C Co., Ltd. (hereinafter “C”), a stock-listed corporation (hereinafter “E”), stating that “B, etc. takes over C’s shares 1,636,126 shares (8.32%) from E”; on September 1, 2010, the Defendant participated in the capital increase for consideration and acquired C’s shares 1,005,024 shares (4.86%); on September 13, 2010 to September 17, 2010, the Defendant sold all the above new shares acquired as such from September 13, 2010 to September 17, 2010; on the other hand, the Defendant did not report the performance of its obligation to report, etc. by no later than September 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. The results of unfair trade research and management of the stocks held by the Bank of Bankruptcy D;

1. Application of Acts and subordinate statutes to an investigation report (a copy of a contract for acquisition of stocks and managerial rights and a contract for capital increase for consideration);

1. Article 45 of the relevant Act on criminal facts, Article 445 subparagraph 20 of the Financial Investment Services and Capital Markets Act, Article 147 (1) of the Act on Business of Financial Investment Services and Capital Markets, Article 30 of the Criminal Act;

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

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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