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(영문) 서울중앙지방법원 2014.09.17 2013고단4824
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who comes to hold stocks, etc. of a stock-listed corporation in bulk shall report the status of holding, purpose of holding, details of major contracts on the stocks, etc. held, and other matters prescribed by Presidential Decree to the Financial Services Commission and the Exchange within five days from the date of such change in accordance with the methods 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 the stocks, etc.

Nevertheless, the Defendant, at the same place on August 5, 2010, held 341,920 shares of the F Co., Ltd. (hereinafter “F”) and held more than 5% of the total number of shares issued by the said company (5.01% of the holding ratio) and reported it to the Financial Services Commission and the Exchange during the period from August 12, 2010 to December 23, 2010, the Defendant violated the obligation to report the holding of shares on five occasions in Seoul Special Metropolitan City, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement made by witnesses G in the third protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning G;

1. The application of Acts and subordinate statutes to the investigation and processing of unfair trading of F stocks;

1. In light of the pertinent legal provisions on criminal facts and Articles 445 subparag. 20 and 147(1)1 of the Financial Investment Services and Capital Markets Act, the F&D’s solicitation of investment in stocks from the same E and the purchase of the said stocks began, E also is a professional investor like the Defendant, and the Defendant owned approximately 5% shares around July 26, 2010 after the purchase of the said stocks, and continuously owned 5% shares at a level close to 5% even after the purchase of the said stocks, at least 5% of the shares held by the same person in a special relationship.

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