However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant and the victim B are shareholders holding the shares of unlisted company D, which are unlisted companies in Daejeon-gu, Daejeon-gu, and the defendant purchased 400 shares of the above company from the victim on August 16, 2016, and he has accumulated trust with the victim.

Around October 2016, the Defendant heard that the share price of the above company would rise rapidly, and when the share price following the transfer of the shares of the above company to the victim rise rapidly, the Defendant sold the shares at the price, and then paid the shares to the victim for the difference.

Around 11:00 on October 27, 2016, the Defendant stated that “The Defendant will immediately transfer the amount of KRW 6,960,000, which was received from the victim, by telephone, to the victim at an irregular place.” In other words, the Defendant stated that “I will immediately transfer the amount of KRW 6,960,000 upon the receipt of the shares.”

However, even if the defendant received shares from the victim, it is uncertain whether the share price is erroneous, and if the share price is not erroneous, it could not pay the price for the share sale to the victim by selling the shares, and there was no other property to prepare the price for the share sale, and there was no intention or ability to pay the price even if it received D 400 shares of shares from the victim.

Nevertheless, the Defendant, by deceiving the victim and receiving 400 shares from the victim’s account in the name of E (G). From November 10 of the same year, the Defendant received KRW 88,460,00 of the market price through two times in total, as shown in the list of crimes in the attached Form.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Protocol of the police statement concerning B;

1. A statement of stock trade;

1. Application of text messages to Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;