Filing today by KIB Plug Energy 11-27-2024
Kib plug energy
[Notice on Other Matters (Disclosure of KRX)]
KIB Plug Energy Co., Ltd., Notice of Occurrence of Reasons for Substantive Review of Listing Eligibility (2024.11.27)
2. Details 2024.11.27 KIVI Plug Energy Co., Ltd. made a public announcement regarding embezzlement and breach of trust by current executives, etc., '[Correction] Occurrence of Embezzlement and Breach of Trust'.
In relation to this, we plan to determine whether the company is subject to deliberation by the Corporate Review Committee in accordance with Article 49 of the Listing Regulations of the Stock Market.
In the future, based on the decision on whether the company is subject to deliberation by the Corporate Review Committee (as of December 18, 2024, if additional investigation is necessary, the period may be extended within 15 days (based on business days),
1) If it is determined to be subject to deliberation, we will provide information on the progress of the Corporate Review Committee deliberation procedure (continued trading suspension),
2) If it is determined to be excluded from deliberation, we will provide information on the lifting of the trading suspension.
3. Other references useful for making investment decisions -
? Title and date of other disclosure related to this one 2024-11-27 Embezzlement and breach of trust suspicions
Kib plug energy
[Suspicion of Embezzlement or Misappropriation by Officers or Employees]
Report of Disclosure Revision
Revision Date 2024-11-27
1. Disclosure Documents in relation with Revision Embezzlement and breach of trust allegations
2. Submission date of documents 2024-11-27
3. Reason for Revision Additional complaint received
4. Revised Information
information before revision after revision
1. Incident details - Complaint details: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes
(Breach of trust)
- Accuser: Cheon ??? (Outside Director)
Choi ??
- Defendant: Heo ?? (CEO)
Choi ?? (Other Non-Executive Director)
Kim ?? A. Confirmation of the fact that a public prosecution was filed against the company's executives for embezzlement and breach of trust
B. Accuser: Cheon ??? (Outside Director)
Choi ??
Jeon ??
D. Defendant: CEO Heo ??
Non-executive director Choi ??
Actual owner Kim ??
Park ??
Kim ??
2. Amount of embezzlement, etc.
- Amount of alleged occurrence (KRW)
- Ratio to equity capital (%) 5,018,500,000
3.92 7,078,500,000
5.53
4. Date of occurrence 2024-09-10 2024-11-26
5. Date of confirmation 2024-09-10 2024-11-26
6. Other important matters related to investment decisions 1. The above allegations and amount of occurrence are based on the contents described in the complaint and are not confirmed, and may change depending on future investigation and court ruling.
2. The above plaintiff, Cheon ??? (outside director), was excluded from the outside director in the registration, but was confirmed to be an outside director by the Ulsan District Court's ruling on August 22, 2024, and was listed as an outside director.
The company appealed the ruling.
3. The company has not confirmed the facts of embezzlement and breach of trust, and the amount of incurred in 2 above is the amount unilaterally claimed by the plaintiff.
4. The amount of incurred in 2 above is the sum of the initial 4,320,000,000 KRW incurred on 2024.08.27 and the additional 698,500,000 KRW incurred on 2024.09.10.
5. The equity capital in 2 above is the total capital based on the consolidated financial statements at the end of 2023.
6. The date of occurrence of 4 above is the date the plaintiff filed the additional complaint with the Seoul Southern District Prosecutors' Office.
7. The date of confirmation of 5 above is the date the company confirmed the additional complaint.
Any changes or additional facts will be disclosed in compliance with the disclosure regulations. 1. The above charges and the amount of occurrence are based on the contents of the complaint and are not confirmed, and may change due to future investigations and court decisions.
2. The plaintiff, Cheon ??? (outside director), was excluded from the registration as an outside director, but was confirmed to be an outside director by the Ulsan District Court's decision on August 22, 2024, and was therefore listed as an outside director.
The company appealed the decision.
3. Currently, the company has not confirmed the facts of embezzlement and breach of trust, and the amount of occurrence of 2 above is the amount unilaterally claimed by the plaintiff.
4. The amount of occurrence of 2 above is as follows.
1) First occurrence 2024-08-27
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)
Amount incurred: KRW 4,320,000,000
Target: CEO Heo ??
Choi ?? Other non-executive directors
Kim ?? Actual owner
2) Additional occurrence 2024-09-10
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)
Amount incurred: KRW 698,500,000
Target: CEO Heo ??
Choi ?? Other non-executive directors
Kim ?? Actual owner
3) Additional occurrence 2024-11-26
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement and Breach of Trust)
Amount incurred: KRW 2,060,000,000
Target: CEO Heo ??
Choi ?? Other Non-Executive Director
Kim ?? Actual Owner
5. The equity capital of the above 2 is the total capital based on the consolidated financial statements at the end of 2023.
6. The occurrence date of the above 4 is the date the plaintiff filed an additional complaint with the Seoul Central District Prosecutors' Office.
7. The confirmation date of the above 5 is the date the company confirmed the additional complaint.
8. This disclosure is a confirmed disclosure regarding the request for inquiry disclosure regarding the truth of the allegations of embezzlement and breach of trust by the current management of the exchange (November 26, 2024, 19:18) and the related matters will be disclosed in the future when the allegations are confirmed.
-
Suspicion of Embezzlement or Misappropriation by Officers or Employees
1. Details of suspicion a. Confirmation of the fact that a lawsuit has been filed against the company's executives on charges of embezzlement and breach of trust
B. Plaintiff: Cheon ??? (outside director)
Choi ??
Jeon ??
D. Defendant: Heo ?? CEO
Choi ?? Other non-executive directors
Kim ?? Actual owner
Park ??
Kim ??
2. Amount of embezzlement, etc. Relevant amount (KRW) 7,078,500,000
Equity capital (KRW) 128,025,057,117
Ratio to equity capital (%) 5.53
Classified as a large-sized corporation? No
3. Actions to be taken We will take all strong measures against the complainant through legal representatives in accordance with due process, and we will actively cooperate with the investigation of the relevant authorities.
4. Date of occurrence 2024-11-26
5. Confirmation date 2024-11-26
6. Other matters to be factored into investment decisions 1. The above charges and the amount of occurrence are based on the contents of the complaint and are not confirmed, and may change depending on the future investigation and court ruling.
2. The complainant, Cheon ??? (outside director), was excluded from the registration as an outside director, but on August 22, 2024, the Ulsan District Court confirmed that he was an outside director, and so he was listed as an outside director.
The company appealed the ruling.
3. Currently, the company has not confirmed the facts of embezzlement and breach of trust, and the amount of occurrence in 2 above is the amount unilaterally claimed by the complainant.
4. The amount of occurrence of the above 2 is as follows:
1) First occurrence 2024-08-27
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)
Amount incurred: KRW 4,320,000,000
Target: CEO Heo ??
Choi ?? Other non-executive directors
Kim ?? Actual owner
2) Additional occurrence 2024-09-10
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)
Amount incurred: KRW 698,500,000
Target: CEO Heo ??
Choi ?? Other non-executive directors
Kim ?? Actual owner
3) Additional occurrence 2024-11-26
Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement and Breach of Trust)
Amount incurred: KRW 2,060,000,000
Target: CEO Heo ??
Choi ?? Other Non-Executive Director
Kim ?? Actual Owner
5. The equity capital of the above 2 is the total capital based on the consolidated financial statements at the end of 2023.
6. The occurrence date of the above 4 is the date the plaintiff filed an additional complaint with the Seoul Central District Prosecutors' Office.
7. The confirmation date of the above 5 is the date the company confirmed the additional complaint.
8. This disclosure is a final disclosure regarding the request for inquiry disclosure (November 26, 2024 19:18) regarding the truth of the allegations of embezzlement and breach of trust by the current management of the exchange, etc. and the specific details, and we plan to disclose the related information in the future when the allegations above are confirmed.
? Related disclosure 2024-11-26 Request for inquiry disclosure (rumor or report)
2024-09-10 Embezzlement and breach of trust allegations
2024-08-28 Embezzlement and breach of trust allegations
Send feedback
AI
