A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 1, 2010, the Defendant stated that “A plan to pay capital increase to KRW 2,500 per share of KRW 500 per share to F, a stock company F, which is an existing shareholder of F, a stock company F, operated by the Defendant via E, at the D office located in Gangnam-gu Seoul, Seoul, would have participated in the increase of capital.”

However, even if the defendant received capital increase with consideration from the victim, he did not intend to use it for personal purpose, and did not have the ability to issue new shares to the victim.

On September 7, 2010, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the Defendant’s bank account two times in the name of capital increase with capital increase.

Summary of Evidence

1. Entry of the defendant in part of the second trial records;

1. Statements made by witnesses E and G in the fourth trial records;

1. A protocol concerning the examination of partially the suspect against the defendant (including the cross-examination);

1. E statements;

1. As to the Defendant’s assertion on each investigation report, the Defendant acknowledged that the F Co., Ltd. (F) stated that E would have participated in the capital increase because the plan to provide capital increase for KRW 2,500 per share of KRW 500 per share would be a part in the capital increase. However, the Defendant asserted that there was no fraudulent act, since E was aware of this fact, and the victim’s name was entered in the register of shareholders by offering capital increase last time.

In light of the above evidence, the defendant had E invest KRW 50 million with F’s capital increase with capital increase as above. However, the defendant was transferred the above KRW 50 million to the defendant’s personal account, not with F’s account, and transferred most of the funds to H, one’s wife, and the defendant is the wife.