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(영문) 서울남부지방법원 2016.05.04 2016고정341
자본시장과금융투자업에관한법률위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants were the former representative director of Geumcheon-gu Seoul Metropolitan Government building C from February 10, 2012 to August 4, 2015.

1. A person who holds stocks, etc. of a stock-listed corporation in a large quantity (referring to cases where the total number of stocks, etc. held by him/her and any of his/her specially related persons is at least 5/100 of the total number of such stocks, etc.) in violation of the duty to report large-scale holding of stocks, etc. shall report to the Financial Services Commission and the Exchange as prescribed by Presidential Decree, and where the total number of stocks, etc. held is changed by at least 1/100 of the total number of such stocks, etc., he/she shall file a report on the change with the Financial Services Commission and the Exchange within five days from the date such change is made, in accordance

Nevertheless, on April 20, 2012, the Defendants transferred to the F the right to claim the return of shares held by D (State) D with respect to (State) 2,545,49 shares held by D (State 11.65%) D with respect to (State 11.65%) D’s shares held by D (State 1.65%) and paid three promissory notes in total amount of KRW 1.5 billion from F in value of the same day as the transfer price, and did not file a report thereon within five days from the date of the change, even though the total number of shares held was changed by 1.5 billion won or more from F as the transfer price.

As a result, the Defendants conspired to commit a large-scale violation of the duty to report.

2. An executive officer or major shareholder of a stock-listed corporation that violates his/her duty to report stocks held by him/her shall carry out the ownership status of specific securities, etc. owned on his/her own account regardless of the name of the executive officer or major shareholder, and if there is a change in the ownership status of such specific securities, etc., five days after such change occurs,

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