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(영문) 서울중앙지방법원 2016.07.13 2014고정4446
증권거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant’s previous conviction and related Defendant was sentenced to three years of imprisonment on September 8, 2009 by the Seoul Northern District Court (2009 Gohap 67, etc.), due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the said judgment became final and conclusive on May 13, 2010, by being sentenced to one year of imprisonment with prison labor at the Seoul Central District Court (201 Gohap 1149) on January 6, 2012, and the said judgment became final and conclusive on December 16, 201, by being sentenced to nine years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Seoul High Court (2010No1862).

The defendant's position and role are the actual owners of F&C, the largest shareholder of D, from December 4, 2007 to June 23, 2008.

Criminal facts

A stock-listed corporation, etc. shall submit a business report, half-yearly report, etc. to the Financial Services Commission and the Exchange, and no person shall intentionally omit or make a false statement or representation in material matters when submitting a business report, half-yearly report, etc.

The Defendant appears to have written indictment on March 2008, “Seoul 2007 around” appears to be a clerical error.

In addition, I acquired the D's shares 437,662 shares (5.82% of the shares) using the securities account in the name of another person, such as I, with the funds borrowed from the mutual savings bank in the name of the defendant, G, H, etc.

1. On March 31, 2008 and May 2, 2008, the Defendant intentionally omitted the Defendant’s possession of D shares (as of March 31, 2008, common shares, shares 437,662 shares, and shares 5.82 per cent of the equity ratio) in the electronic publication system of the Financial Supervisory Service’s operation in Yeongdeungpo-gu Seoul Metropolitan Government, and its corrective report, respectively. In addition, the Defendant intentionally omitted the Defendant’s possession of D shares (as of March 31, 2008, general shares, shares 5.82 per cent of the equity ratio).

2. The Defendant on May 1, 2008

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