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

Punishment of the crime

On December 2, 2010, the Defendant had been well aware of the fact that the said victim owned the shares of the said company by soliciting the victim D (V, 53 years old) (E) who is an employee partner of the said company, who had worked together at the post office of Jung-gu Seoul Metropolitan Government for 30 years, to purchase the shares of said company.

During that period, the defendant was in need of collateral because of the need for collateral transaction through credit transaction, and he was able to borrow money or stocks from the above victim to acquire them by fraud.

around February 2, 2011 to March 3, 201, the Defendant demanded that the above C post office continue to lend money to the victim D, but the Defendant received 7,000 shares in lieu of the amount of money from May 201, 201 due to the defect that the victim did not have any money, and said that the Defendant would pay KRW 100 million to the victim for the 10,000 shares borrowed in addition to 3,00 shares around June 2, 2011.

However, on May 15, 2010, the Defendant sold real estate owned on May 15, 201 and lost all the proceeds from such sale as stock investment. around 201, there was a debt amounting to KRW 140 million from financial rights, such as a bank, and the Defendant was unable to cope with principal and interest, and filed an application for individual rehabilitation with the Suwon District Court on February 15, 2012. Since the Defendant was making an investment of KRW 400 million from stock investment and was investing in a credit transaction at a bank, the Defendant did not have any intent or ability to pay the proceeds from the borrowing of stocks from the victim.

Around May 17, 201, the Defendant, as seen above, obtained 7,00 shares E (average purchase 6,010 won per day) from the victim, and acquired 3,000 shares E (average 3,745 won per day) around June 2, 201, and acquired 3,00 shares E (average 3,745 won per day) from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the relevant Acts and subordinate statutes of written confirmation of transfer of other companies;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;