The defendant, as the representative director of D Co., Ltd., on February 10, 201, was sentenced to a three-year suspended sentence by the Daegu High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and there was a previous conviction on February 28 of that month.

On October 11, 2010, the Defendant received an order for compensation from the Daegu District Court and its branch court to pay KRW 180,477,717 to E (representative F) who is the applicant for compensation, with a three-year sentence of imprisonment for the above previous offense, and was detained in the court (the first instance court). The victim F, upon the provisional execution of the above order for compensation, seized 500 shares of D Co., Ltd. on December 3, 201 (the face value of KRW 10,000,000, total face value of KRW 50,000,000 (hereinafter “instant shares”) on December 9, 2010, and then acquired them through an order for transfer of racing from the Daegu District Court and its branch court.

On January 20, 201, the Defendant stated that “The Defendant would pay KRW 700 million to E Co., Ltd., and KRW 800 million to H, who is the victim’s punishment, if he/she promises to make a written agreement on the present criminal case and return the instant shares,” and that “The Defendant would pay KRW 3 billion equivalent to twice the amount promised if he/she promises to make a promise.”

However, at the time, the Defendant was tried to obtain approximately KRW 1.6 billion from August 2001 to August 2006 by acquiring money without the intent or ability to repay, and around October 19, 201, the Defendant promised to pay KRW 3.92 billion with the agreed money to the said I, but there was no ability to pay the agreed money to the victim even if he was returned the stocks of this case from the victim due to economic circumstances, such as failure to pay the agreed money.

The Defendant, as above, induced the victim and acquired property benefits by taking advantage of the market price of the instant shares on the same day from the victim.

Summary of Evidence

1. The defendant's partial statement 1.1.