A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[2012 Highest 6685]

1. Around January 2010, the Defendant received money under the name of the borrowed money stated to the effect that the victim D was entitled to a bus modernization business license with respect to the Winter Asian Games held in the East Asian City in 2011, and was scheduled to establish a company to promote the said business, and that the principal would be repaid until June 30, 2010, if 200 million won was lent from the funds.

However, at the time of fact, the number of the bus modernization business rights was not determined, and the defendant, instead, was willing to lend money from the victim under the same name and use it for personal purposes.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim with a new bank account (Account Number:F) in the name of E on February 1, 2010, around February 4, 2010, KRW 40 million on or around February 4, 2010, KRW 50 million on or around March 2, 2010, and KRW 100 million on or around March 9, 2010.

2. Around May 2010, the Defendant received money in the name of the acquisition price of shares, at H office, the Defendant’s capital increase in the amount of KRW 300 million to KRW 500 million, from the H office located in Geumcheon-gu Seoul Metropolitan Government, by June 2010.

If the above 10% of the company shares is paid in addition to 10 million won, the facts charged are stated as '10 million won' if the company acquires them, but in fact it seems that 'the existing loan 200 million won and 100 million won are paid in addition to 'the acquisition by transfer'.

The purpose of this article is to say that the stock value is high, and thus, it is to be acquired by transfer.

However, at the time of fact, the above capital increase plan was not finalized, and even if it is not possible to confirm the ratio of shares due to the conflict of opinion on the determination of the ratio of shares, it would make the victim gain profits from the purchase of shares.