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(영문) 수원지방법원 2018.09.06 2018고단2388
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, together with five (5) non-permanent corporations, to purchase FF shares from major shareholders G 7,664,638 shares and management rights in the name of a non-permanent corporation, E, etc., and to purchase shares of KRW 3,300,000 shares (14.99%) in the name of a non-permanent corporation, for KRW 11,365,50,000 shares (14.9%) among the shares in the name of a non-permanent corporation D.

1. A person who holds stocks, etc. of a stock-listed corporation in bulk (five percent or more) shall report to the Financial Services Commission and the Exchange on his/her holding status, purpose of holding the stocks, etc., details of major contracts on such stocks, etc., and other matters prescribed by Presidential Decree within five days from the date on which such person holds stocks, etc., as prescribed by Presidential Decree, and where the aggregate of the number of stocks, etc. held is changed by at least 1/100 of the total number of the stocks, etc., he/she shall report the changes in such changes to the Financial Services Commission and the Exchange within five days from the date on which such changes are made in accordance with Presidential Decree, and shall not make a false entry

Nevertheless, on November 25, 2015, the Defendant, along with H, prepared and submitted a large-scale holding status report of F-stocks, etc. in the name of the LABD, and in fact, the Defendant borrowed the name of the LABD to acquire 3,300,000 shares, and the actual acquisition fund is not appropriated with its own funds owned by LABD, notwithstanding that it is not appropriated with the funds owned by LABD, the Defendant prepared and submitted a large-scale holding status report of stocks, etc. as if it acquired shares with the funds owned

Accordingly, in collusion with H, the Defendant submitted a false statement on the large-scale holder of a large-scale holding report, and the terms and conditions of a major contract.

2. Every one shall disseminate a rumor with an intention to trade or make any other transaction in financial investment instruments or attempt to cause a fluctuation in the market price;

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