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(영문) 수원지방법원 2013.06.26 2013노1182
자본시장과금융투자업에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Legal principles (as to the violation of the Financial Investment Services and Capital Markets Act due to the violation of the obligation to report large-scale possession and the violation of the obligation to report stocks owned), the Defendant did not impose the obligation to report the instant stocks held in bulk and the obligation to report stocks owned, on the Defendant’s account, since the Defendant did not own or own the instant stocks on the Defendant’s account, and the Defendant did not impose the obligation to report the instant stocks held in bulk and the obligation to report stocks held. G or R, the actual owner of the instant stocks of the instant case, bears each of the above obligation. The Defendant did not intend to commit the instant

Nevertheless, the judgment of the court below convicting each of the charges is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution of one year imprisonment, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

(a) A summary of the facts charged under this Part) The stocks, etc. of a stock-listed corporation that violates the duty to report on holding in bulk are held in bulk (referring to where the total number of stocks, etc. held by the principal and his/her specially related persons is at least 5/100

A person who comes to hold stocks shall report the status of holding, purpose of holding, details of major contracts, etc. on the stocks held by him/her to the Financial Services Commission and the Exchange within five days from the date of such change in accordance with Presidential Decree, and where the total number of stocks held by him/her has changed by at least 1/100 of the total number of the stocks, etc., he/she shall report the change to the Financial Services Commission

The defendant, in collusion with G and R, stated on December 3, 2009 the date and time as stated in the facts charged changed at the original trial on December 3, 2009, “....................” is the facts charged before

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