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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
From August 200, the Defendant served as a director at H Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “H”) and retired on or around March 31, 2014.
On May 2009, the Defendant was designated as a project manager and took overall charge of I's listing practice at the time H was designated as a corporation I (hereinafter referred to as "I")'s major company for listing on KOSDAQ.
1. Around May 2009, when I had been promoting I listing process and stocks change, I was listed on the KOSDAQ around October 26, 2010.
During the listing preparation process, H assessed I's shares as KRW 5,00 per share, the subscription price for capital increase for the listing was set at KRW 5,500 per share, and the stock price on the date of listing was set at KRW 8,400 per share and recorded KRW 7,800 per closing price.
I's share price has increased to 11,800 won for 4 days from the date of listing by forming the upper limit for 3 consecutive days following the date of listing, and on April 26, 201, which was 6 months after the listing, the closing price of KRW 9,670 was recorded, and the highest price of KRW 17,150 was recorded on July 8, 201 as of the closing price, and on April 19, 2013, the lowest price of KRW 6,220 was recorded.
2. On March 2010, the Defendant committed the crime of the Defendant: (a) determined that there is no difficulty in listing the I’s performance and financial structure due to good faith; (b) that the share price increases considerably after listing; and (c) used “the fact that the J Chairperson holds I’s shares in the name of tea”; and (d) used “the fact that the J Chairperson holds I’s shares in the name of tea to obtain profits from listing after acquiring I’s shares at low price.”
Accordingly, while the defendant mentioned the K president's holding of the borrowed-name shares from around that time, the defendant is expected to have a listing review for K around May 201, and the part of the borrowed-name shares is not revealed.