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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[criminal power] On November 19, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the execution of the sentence was completed on November 23, 2010.
【Criminal Facts】
1. On December 9, 2015, the Defendant, around 11:00, the Defendant, at the victim E office located in Gangdong-gu Seoul, Gangdong-gu, Seoul. Around December 11, 2015, saying, “When convertible bonds are issued 10 billion won, the Defendant would pay the bond acquisition fund from the bond company that is the former owner until December 23, 2015. First, the Defendant would pay the agreed amount of KRW 150 million. The Defendant would return the agreed amount of KRW 100 million if the convertible bonds are not issued and paid at KRW 10 billion.”
However, in fact, the defendant did not have a plan to pay the bond acquisition fund from the bond company, and there was no intention or ability to return the bond acquisition fund to the victim, even if he received the bond acquisition fund from the victim even though he did not pay the bond acquisition fund or if the bond is not issued or paid, he did not have the intent or ability to return the bond to the victim.
Nevertheless, on December 9, 2015, the Defendant was issued KRW 150 million in total, such as a cashier’s check of KRW 50 million, under the name of issuing and paying convertible bonds.
2. "2016 Highest 2180".
A. On December 12, 2011, the Defendant against the victim G calls at the “I coffee shop” located in Seocho-gu Seoul Metropolitan Government H, and the victim G calls that “The amount of KRW 300 million is needed as the acquisition price to take over a stock company in the Republic of Korea. If the Defendant borrowed money, until December 30, 12, 199, the Defendant would make reimbursement of KRW 650,000,000,000 in total, plus KRW 350,000,000,000,000 won.”
However, in fact, the defendant did not have funds to take over the above J, and did not have funds.