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(영문) 서울남부지방법원 2016.11.24 2016고정100
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

B From January 2009 to March 9, 2011, the director of the defendant (the trade name at the time was changed to the Dispute Settlement Bank Co., Ltd.; the trade name at the time was changed to the Dispute Settlement Bank Co., Ltd.); the person who works as the representative director of the defendant from March 10, 201 to August 5, 201; and the defendant is the company with the largest shareholder D from November 22, 2010 to December 29, 2011.

A person who holds stocks, etc. of a stock-listed corporation (where the total number of stocks, etc. held by the person himself/herself and his/her specially related persons exceeds 5% of the total number of the stocks, etc.), shall report to the Financial Services Commission and the Exchange on his/her holding status, purpose of holding the stocks, etc. within five days from the date on which the changes in the holding ratio by 1% or more, and an executive officer or major shareholder of a stock-listed corporation shall report the changes to the Financial Services Commission and the Exchange within five days from the date on which he/she becomes an executive officer or major shareholder, and if changes in the holding ratio of the specific stocks, etc., he/she shall report

The representative director B violated the obligation of the defendant to report the ownership of the D shares and the holding of shares in bulk as follows.

From April 201, B violated the obligation to report in bulk, around 201, borrowed KRW 1 billion from E and offered as security the shares 2,675,000 to E held by the Defendant, and E did not pay the above KRW 1 billion to E on May 18, 201, E had a security right to the said shares 2,675,000 shares.

B around May 20, 2011, E disposes of the shares 519,002 shares (2.35%) by the method of selling not later than May 30, 201 within the above shares 2,675,000 until May 30, 201, and in relation to the defendant and affiliated companies, the F Co., Ltd. in a special relationship with the defendant and affiliated companies, from June 16, 201 to July 26, 201.

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