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(영문) 서울남부지방법원 2018.06.26 2017고정1436
자본시장과금융투자업에관한법률위반
Text

1. Defendant A shall be punished by a fine of twenty million won;

Defendant

If A does not pay the above fine, 100,000.

Reasons

Criminal facts

1. Defendant A

(a) 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.) shall file a report with the Financial Services Commission and the Exchange on the status of possession, the purpose of holding, the terms of major contracts on the stocks, etc. held, and other matters prescribed by Presidential Decree, within five days from the date of such change, as prescribed by Presidential Decree, and where the total number of such stocks, etc. is changed by at least 1/100 of the total number of the relevant stocks, etc. (excluding cases where the number of such stocks, etc. is not changed, or cases prescribed by Presidential Decree),

As of January 3, 2013, the Defendant: (a) was a major shareholder holding C Co., Ltd. (hereinafter “C”)’s shares 596,310 shares; and (b) issued securities 954,832 shares, which are new shares (25.32% of the total issued shares); (c) did not report the change in the status of the change, even though he/she acquired C shares, equivalent to KRW 1,792,115 shares, which are new shares, at the market price of KRW 1.7 billion under D’s name on December 30, 2013; and (d) did not report it to the Financial Services Commission and the Exchange at least 13 times in total, as indicated in the list of crimes in the attached Table, from around that time to March 17, 2015.

(b) An executive officer or major shareholder of a stock-listed corporation for violation of its duty to report stocks owned by him/her, shall hold 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., five days after such change occurs,

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