On December 2, 2011, the Defendant received KRW 100 million from H related persons I under the pretext of solicitation from the Korea Exchange so that H Co., Ltd. (hereinafter “H”) and H Co., Ltd. (hereinafter “H”) can smoothly process the matters approved for the new KOSDAQ listing from the Korea Exchange.

As a result, the Defendant received money and valuables under the pretext of solicitation for the duties to be handled by the executives and employees of the Korea Exchange deemed public officials under Article 53 of the Act on the Management of Public Institutions.

2. The Defendant and the defense counsel’s assertion is acknowledged that the Defendant received KRW 100 million from I, but this is received as consideration for the performance of duties, such as giving overall advice on H’s application for listing, and is not received as solicitation to employees of the Korea Exchange.

3. Determination

A. According to the list of H’s listing-related data (Investigation Records 97-113) in the H’s listing process H, H made a resolution by the board of directors on June 23, 2010 for listing on KOSDAQ; on April 28, 2010, H has been selected as a general manager of the listing business; on September 17, 2010, H decided to postpone the listing of the company; however, on June 23, 2011, H again promoted listing.

H passed a preliminary examination on November 24, 201, and was listed on January 31, 2012 after obtaining new approval from the Korea Exchange on January 26, 2012.

B. Under Article 111 of the Attorney-at-Law Act, the term "to receive money, valuables, entertainment or other benefits under the pretext of solicitation or good offices with respect to cases or affairs handled by a public official" refers to cases where money and valuables are received under the pretext of good offices between a public official and his/her client, and simply cases or affairs handled by a public official.