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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 16, 2011, the Defendant was sentenced to one year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Eastern District Court (a collective weapon, etc.), and on January 26, 2012, the said judgment became final and conclusive on January 26, 2012. On May 3, 2012, the Seoul Central District Court sentenced one year of suspended sentence to one year of imprisonment with prison labor at the Seoul Central District Court for embezzlement and became final and conclusive on July 26, 2012.
The defendant registered as a person with bad credit standing and acquired money from victims while playing a role as a financial intermediary without a certain equity capital.
There was no intention or ability to repay even if the victim C borrows money from the victim C due to economic difficulties, such as repeated filing of a complaint due to the reason for embezzlement or embezzlement.
1. Around March 12, 2008, the Defendant: (a) introduced the victim as if he could bring about a large amount of profit through a bypass listing if he purchases the shares of the Yeongdeungpo Heavy Industries Co., Ltd., Ltd., a non-listed stock; and (b) made the victim invest the said shares in an amount equivalent to KRW 198 million; and (c) as the victim is expected to have any help to realize profits through the sale and purchase of the said shares.
In this situation, around May 8, 2008, the Defendant got a telephone from the victim's office in Gangnam-gu Seoul Metropolitan Government to the victim's office, and acquired it by transfer from the victim to the new bank account (F) in the name of the E Co., Ltd. in which the Defendant operated the Defendant, who borrowed 10 million won as the borrowed money from the victim's office.
2. Around August 5, 2011, the Defendant, at his own initiative, invested an amount equivalent to KRW 198 million in the shares of the Busan Heavy Industries Co., Ltd., a corporation with its own introduction, thereby suffering full damage of the investment amount due to the failure of bypass listing, etc., resulting in the victim’s recovery from damage by other means.