A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who is engaged in technical affairs, such as plastic manufacturing, in C (hereinafter referred to as “C”), a plastic waste recycling company, and D (Death on November 9, 2012) is a person who is in charge of adjudication as the representative director of C.

1. The Defendant intended to return 40 million won investment amount to E, which acquired 28% of the shares by investing in D and existing E, and transfer the shares of the above E to the victim F. However, at the time, the Defendant was in a situation where the sum of C’s insurance premium, personnel expenses, electricity tax, etc. was pushed down, and the Defendant was a person with bad credit standing, and had already failed to engage in plastic business before, and did not have any funds during the period of the C’s early stage. Since there was no income at all, the Defendant did not have the intent or ability to transfer the shares returned from E to the victim even after receiving KRW 30 million from the victim, and the Defendant did not have the intent or ability to return the said shares to the victim. However, the Defendant, in collusion with D around July 20, 201, stated the victim’s business plan, and obtained KRW 30 million from the victim to 30 million investment and acquired the said shares from the victim to 30 million.

2. The Defendant did not have assets with bad credit standing, and there was no particular income, and the Defendant established a company with loans of approximately KRW 100,000,000,000,000, which were borrowed from several service centers. Therefore, it was not easy to operate the company because the amount of capital was not less than KRW 10,000,00,00, and even if the Defendant purchased plastic loans from the victim at the time, it was an uncertain state that the product was at the early stage of production, and thus, it could have been at least 10,000,000,000,000,000,000.