[2013 Highest 2368]

1. On September 24, 2008, the Defendant committed the crime against the victim C, saying, “The victim C said that “at home work for a baby vehicle, there are employee shares allocated within the name, and if invested, it will be held and transferred for three years only.”

However, since the defendant did not have the shares allocated from a motor vehicle, even if he received money from the victim, he did not have the intent or ability to transfer the shares of the motor vehicle to the victim.

The Defendant received KRW 11.9 million from the victim to the Cit Bank account (D) in the name of the Defendant from March 15, 2010, from that time, and acquired KRW 79,526,500 in total from the victim through the above method as shown in the attached Table of Crimes (1) from March 15, 2010.

2. On February 4, 2010, the Defendant stated that “A victim E, a partner of C, works for a car in his or her own name, has employee shares allocated in his or her own name, and, upon investment, will transfer his or her shares for a period of three years.”

However, since the defendant did not have the shares allocated from a motor vehicle, even if he received money from the victim, he did not have the intent or ability to transfer the shares of the motor vehicle to the victim.

The Defendant received KRW 1 million from the victim to the Cit Bank account (D) in the name of the Defendant from June 4, 2010, from that time, and acquired KRW 6,00,000 from the victim in total four times in accordance with the foregoing method as shown in the List of Crimes (2) from June 4, 2010.

3. On July 13, 2012, the Defendant: (a) stated that “The Victim F may purchase the Defendant’s own stocks at a 30% discount for the purchase of the Defendant’s stocks at an influence place; and (b) that “The Defendant may sell them ten months after purchase of the Defendant’s own stocks.”

However, it is true.