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(영문) 서울중앙지방법원 2016.04.07 2015고합284
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Among the facts charged, the contents on the criminal records and status of the defendant who has no direct connection with the composition requirements were deleted.

1. Some of the facts charged in violation of the Financial Investment Services and Capital Markets Act were corrected or corrected according to the facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's defense right.

A person who holds stocks, etc. of a stock-listed corporation in large quantity shall report to the Financial Services Commission and the Exchange within five days from the date on which he/she holds such stocks, etc., and where the total number of stocks, etc. held is changed by at least 1/100 of the total number of stocks, etc. of the relevant corporation, he/she shall file a report on the changed matters

On April 17, 2014, the Defendant acquired a total of 1,671,308 shares (total number of 22.42% shares, etc. of shares, etc.) of 3 times new shares issued by P from P, etc. in the name of N, etc., which is the 4th new shares, from P, and filed a false report on large-scale possession of shares, as if N were owned by N, and did not make a report on large-scale possession of shares by the 21st day of the same month.

2. On June 19, 2007, the Defendant was aware of the R, which was a director representing Q (State) Q (States), in 2006, and R was nominated as a fraud case for L CD panel export proceeds.

On January 13, 2011, the Defendant received contact from the above R to enter the Republic of Korea, and informs an investigative agency of the fact that the prosecution was suspended due to fraudulent incidents, and then, the Defendant could immediately arrest the entry inspection room in the entry inspection room and request a warrant. The Defendant operated computers by making efforts to operate the airport outside the airport police team and the immigration control office.

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