A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was a person who actually operated D Co., Ltd. D for the purpose of housing construction business from July 2014 to December 2015, 2015.

When the Defendant could not continue to proceed with the new apartment construction project that was conducted by the said company in the Cheongnam-do Eth of Cheongnam-do, the Defendant suggested the victim F (the age of 53 at that time) to operate the same business, and raised a fund for the business.

Accordingly, around July 27, 2015, the Defendant presented to the victim a list of shareholders stating that Defendant, G, H, and I holds 25% of the above company shares at the office of the above corporation D, and that “A shareholder list is held by 25% of the D shares, but G, H, and I actually holds the entire shares as a borrowed shareholder. However, G, H, and I actually holds the entire shares as a borrowed shareholder. If an investment of KRW 400 million is made, 50% of the company shares will be transferred to the company, 50% of the company shares will be jointly carried out in the apartment construction project, and it would be used to prevent the progress of auction by paying interest on the land of the above E with the above KRW 400 million.”

However, the above list was prepared in a false manner for the purpose of showing the victim. In fact, the defendant and the J, who is the partner at that time, held 50% of the shares of the above company respectively, and the defendant entered into a contract with the J around July 20, 2015 that "if the defendant fails to pay 400 million won to J until November 5, 2015, all 50% of the shares held by the defendant should be transferred to J." In addition, the defendant at the time of the above collateral loan interest is unable to pay the above amount from November 5, 2015 due to the lack of the ability to pay the interest on the collateral loan to J until November 5, 2015, and thus, the whole shares held by the defendant have no choice but to transfer to the J, and even if he receives the above 400 million won from the damage, it will be future.