A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

On December 2008, the Defendant of “2012Gohap1306” stated to the effect that the shares of D Co., Ltd. (hereinafter referred to as “D”) currently operated by the Defendant to the victim C at a coffee shop located in the algorigian Ani-dong, Daegu-gu, Daegu-gu, Syi-dong, may be assessed to KRW 1 billion, and that the proceeds of the company’s old-style house sales will be attributed to the company’s operating funds, and that the Defendant would be responsible for the liabilities to other companies except gold owner, Hart, Hart, OB, career, and fleet. As such, the Defendant would invest KRW 50 million in the above company and take over 50% of shares.

However, in fact, the Defendant borrowed KRW 400 million from E, etc. (hereinafter “E”), which purchased the above old house, and provided KRW 80.95% of the company’s shares as security, and thus, it could not vest in the company’s management fund. The Defendant offered KRW 45% of the company’s shares to F, which invested KRW 119 million in D, as security. The amount of liabilities to the gold owner, Hart, OB, career, and substitute was approximately KRW 38 billion, and the company’s liabilities to the other business parties amounted to KRW 1.8 billion in total, and the company’s liabilities to the company amount to KRW 2.1 billion in total. The company had already defaulted on June 20, 2006.

The Defendant, without notifying the victim of an important part regarding the amount of debt and assets, by assessing the amount of KRW 1 billion, etc., and deceivings the victim by deceiving him/her from around that time to March 2009, and received KRW 200 million in total from the account in the name of Daegu Bank under the name of his/her father or from around that time to his/her father, and received KRW 150 million. The Defendant received KRW 50 million as to the air conditioners and equipment for delivery of the above company’s transaction partner, and was transferred to the victim’s claim amounting to KRW 50 million, and the creditor was in the course of H-owned land and building located in Daegu-gun, Daegu-gun, the location of the victim.