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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Around February 10, 2012, the Defendant entered into a trade agreement with Defendant 40%, E40%, and F and one other (G) 20% of the capital amount of 5 billion capital of Dawa Holdings to operate the same.
1. On February 20, 2012, the Defendant made a false statement to the victim I that “it would transfer 10% of the shares in Dweves to KRW 400 million around September 1, 2012, the amount of KRW 350 million immediately, the remainder of KRW 50 million shall be paid on September 1, 2012, and the above KRW 350 million shall be paid on KRW 350 million from February 29, 2012 to the date of transfer of the above shares.”
However, in fact, the Defendant did not have the intent or ability to transfer shares even if he did not obtain the consent of the victim, such as the above E, with respect to the transfer of shares, and the Defendant did not have the intent or ability to transfer shares, and did not pay the amount corresponding to the above Defendant’s shares, and thus, the Defendant did not have the intent or ability to pay interest of KRW 7.5 million per month until the date of the transfer of
Nevertheless, the Defendant, as such, by deceiving the victim I to transfer KRW 250 million on February 24, 2012, and KRW 100 million on or around March 6, 2012, and KRW 350 million on or around March 6, 2012 to the Agricultural Cooperative Account in the name of the Defendant.
2. On May 20, 2012, the Defendant made a false statement to the victim K, stating, “The Defendant would transfer 5% of the shares of crowdfunding to KRW 200 million.”
However, in fact, the defendant did not have the intent or ability to transfer shares even if he received the transfer proceeds of shares from the victim because he did not obtain the consent of the partner such as the above E.
Nevertheless, the Defendant deceiving the Victim K, and around May 24, 2012, around 80 million won, and around June 1, 2012.