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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (misunderstanding the facts) is that the Defendant purchased and held shares of D Co., Ltd. (hereinafter “D”) (hereinafter “D”) with the funds borrowed from a mutual savings bank under the name of the borrower, and therefore, did not have any obligation to enter this fact in the business report, etc. submitted to the financial authority.
Nevertheless, the first instance court erred by finding the Defendant guilty of the facts charged of this case on the grounds of the statement of the J without credibility.
2. According to Article 186-2 (1) of the former Securities Transaction Act (amended by Act No. 8635 of Aug. 3, 2007, Feb. 4, 2009), a stock-listed corporation shall submit a business report to the Financial Services Commission and the Exchange within 90 days after the end of each business year. Pursuant to Article 186-3 of the said Act, a corporation subject to the said business report shall submit a business report for the period of six months from the commencement date of the business year (hereinafter “annual report”) and a business report for the period of three months and nine months from the commencement date of the business year (hereinafter “annual report”) to the Financial Services Commission and the Exchange within 45 days after the expiration of each period.
Meanwhile, Article 207-2 subparagraph 2 of the same Act provides that a person who intentionally omits or falsely makes a statement or representation of a material fact prescribed by the Presidential Decree with respect to a business report under Article 186-2 and a semiannual report and a quarterly report under Article 186-3 shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won.
In addition, Article 83-3 (1) 4 of the Enforcement Decree of the same Act provides for "matters concerning shareholders" as matters to be stated in the business report under Article 186-2 of the Act, and Article 83-3 (6) of the same Act also applies mutatis mutandis to half-yearly and quarterly reports.
The following circumstances are acknowledged by the evidence duly adopted and examined by the first instance court as to the instant case.