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(영문) 서울남부지방법원 2015.12.09 2015고정1532
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 60,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from around May 2007, is a major shareholder of E (State) who actually operated C (State) as a small and medium enterprise start-up investment, consulting, and information providing company, from around 2009 to around 300,000 shares issued from C (State) to 1.4 million shares and exercised management rights by acquiring 9.38% shares from D (State) to 9.38% of the shares.

1. A person who has come to hold stocks, etc. of a stock-listed corporation subject to reporting on holding of stocks in bulk, shall report to the Financial Services Commission and the Exchange on the status of holding stocks, purpose of holding stocks, details of major contracts related to such stocks, etc., and other matters prescribed by Presidential Decree within five days from the date on which such change occurs, as prescribed by Presidential Decree, and where the total number of stocks, etc. in possession has changed by at least 1/100 of the total number of the stocks,

The Defendant from around June 11, 2010

6. From June 8, 2012 to June 17, 2012, the reporting period was not reported until June 18, 2010, while selling 51,536 shares of E (State) owned by the special party C (State) in the heading and changing from 5.8% to 4.3% of the shares ratio, and the reporting period was not reported by June 18, 2010, and the reporting period was violated four times, as shown in Annex 1 of the List of Crimes.

2. An executive officer or major shareholder of a stock-listed corporation that breaches his/her duty to report stocks owned, or breach of duty shall own specific securities, etc. on his/her own account regardless of in whose name the ownership of such specific securities, etc. is changed, and if there is a change in the ownership of such specific securities, etc., the details thereof shall be changed within five days

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