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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] The defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution in the Seoul High Court on September 9, 201, for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment was finalized on January 27, 2012.
[2013 Highest 5549]
1. Violation of the obligation to report related to G is the actual owner of (ju)G stocks and management rights from (ju) G, and the Defendant borrowed funds to enable H to take over (ju)Gs.
A person who comes to hold stocks, etc. of a stock-listed corporation in bulk shall report to the Financial Services Commission and the Exchange on the status of holding, purpose of holding, details of major contracts on the stocks, etc. held, and other matters prescribed by Presidential Decree within five days from the date on which such change is made 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 such stocks
The Defendant lent approximately 7.4 billion won to H during the period from June 2009 to August 2009, and acquired about 2,920,980 shares of (State)G as collateral, and acquired between June 23, 2009 to September 1, 2009 the 1,146,458 shares through a warranty event, etc., and failed to perform the duty to report even though the Defendant was required to hold shares until September 8, 2009. However, even though the number of shares owned by the Defendant, such as selling the said shares directly, changes in the number of shares owned by him, and reported the changes, the Defendant violated the duty to report the status of shares held in bulk and the changes thereof five times in total as indicated below.
The right to report the holding ratio of the total number of stocks issued as of the date of reporting (2009) to the number of stocks held as of the date of reporting the content of the obligation to report (2009.01.01, 38, 798, 689 1, 146, 458 2, 920, 920, 980, 980.5% or more at least 0.05%, and at least 09.08 U.S. 1, 2009.07, 236.