자본시장과금융투자업에관한법률위반
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant, etc. is the representative director of E Co., Ltd. (hereinafter “E”) for the purpose of the development, supply, etc. of water-processing software, and F is the Defendant’s wife interest E who was the head of the management support headquarters in charge of listing the KON’s listing and KOSDAQ transfer. G is the Defendant’s leakage, and H is the Defendant’s pilot.
2. The background of the crime was established on July 1, 2013 on the KOSDAQ and the Korea Exchange, other than the Korea Securities Market, for the purpose of strengthening support for small and medium enterprises at the early stage through the capital market and creating a foundation for creative and economic ecosystem. The Korea Exchange has established a KON market (Korea NEX and the Korea NE Ex Bank) market. The Korea Exchange has excellent management performance in the KON market, but it has introduced and operated a prompt listing listing system so that it can be promptly transferred to the KOSDAQ if it fails to meet the requirements for listing on general KOSDAQ due to small or medium start-up or small scale.
In order to list it on the KOSDAQ with "Trak 1" of the above rapid transfer listing system, one year has passed since the listing, and the turnover of the business year has been at least 10 billion won, operating profits have been realized, and the total market price on the average of 90 days prior to the application for listing on KOSDAQ has been at least 30 billion won.
Although the Defendant intended to list E as “Track 1” in the above rapid listing listing system, the total market value of E is equivalent to about 10 billion won, and the KON market’s characteristics make it difficult for the share price to easily mislead due to the low trading volume of stocks, and the total market value at the time of listing on July 1, 2013 was less than 10.8 billion won at the time of listing on July 1, 2013, and there was no transaction for one week after trading 100 shares on the first day of the opening day.
On the other hand, at the time of KON listing, E's stock evaluation price was lower than J from among 21 KON 1 companies.
In collusion with F, G, or H, the total market value of KRW 30 billion by means of manipulating E’s share prices.