A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant was the head of the Ulsan-gu branch office of the “B” company that sells household products, such as ebs and cosmetics.

In fact, the Defendant knew that there was no specific plan to list B’s non-listed shares on the stock market, so even if he purchases shares, there was no way to sell them immediately and make a short-term profit by selling them, and even if he receives the purchase price from the victim C, he did not have any intention or ability to purchase B’s shares, since he thought that most of the non-listed shares were used as his cost of living

Nevertheless, on May 2015, the Defendant called the victim by phoneing the victim at the early Felman, and falsely stated that “The information on the head of the Ulsan Branch is well known. B shares were listed in the stock market around December 2015, before being listed, and the shares were sold immediately after being listed, the Defendant can bring more than twice the profits from the sale of the shares at a short-term period. If you wired money to the account so known, the Defendant would immediately purchase the shares and then would be able to receive a return in cash immediately.”

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Nong Bank account (E) account in the name of D as a purchase price of shares around June 18, 2015, and received KRW 90 million in total nine times from that time until November 12, 2015, as shown in the attached crime list, from that time.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

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

1. The scale of damage (90 million won) caused by sentencing under Article 62(1) of the Criminal Act, whether damage has been recovered (the completion of agreement), criminal records (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 1983 and the suspended execution of imprisonment without prison labor shall not have any criminal records;