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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On April 27, 2012, the Defendant was sentenced to a suspension of the execution of two years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the judgment became final and conclusive on July 14, 2012.
【Criminal Facts】
On March 16, 2010, the Defendant entered into a service contract with C, the representative of the Dispute Settlement Bank Co., Ltd. (hereinafter referred to as “B”) to process industrial robots and motor vehicle engine parts, and received notification from C on December 31, 2010 that the above service contract was terminated due to the failure to attract investment funds.
On January 19, 2011, the Defendant, at the Defendant’s office located in the Gangnam-gu Seoul E building F, stated that “A 10,000 shares were put in place on the condition of listing B, which is an emergency funeral,” and that “A 10,000 shares will be transferred” in the indictment prior to listing, the Defendant stated that the Defendant would make the victim make a statement to the effect that “a son would make the purchase of shares before listing the shares by soliciting investment before listing the shares.” However, prior to listing, the Defendant stated that “a son would make the purchase of shares before listing the shares by soliciting investment before listing the shares.” As such, the Defendant made a false statement to the effect that the victim was aware that the shares were put in place before listing the shares in this
However, the defendant did not have the authority to sell the above shares, and even if he received money from the victim, he did not have the intent or ability to transfer B shares.
Nevertheless, the Defendant received 73 million won from the victim to the IB bank account under the name of the Defendant or H on the same day.
Summary of Evidence
1. Witness G and C’s legal statement;
1. A statement of remittance, written confirmation, attraction of investments, and service contract for listing of D institutions;
1. Investigation Report (Submission of Suspect’s Statement, etc.), Investigation Report, Seoul East Branch Support 201Gohap 207.