A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The defendant is a person who has worked as a director of (ju) D established for the purpose of corporate M&A and corporate consulting in the second floor of Gangnam-gu Seoul Metropolitan Government C building.

The Defendant, at around February 3, 2009, is promising to offer the Fund to the managing director of (State)E to the victim F who visited the office of the above (State) D to (State) G and (State) H for the purpose of attracting the Fund.

In the recommendation, the victim purchased the shares of the company (State) G and (State) H. However, unlike the expected price, the victim's speech that he would sell the shares of the G was made to the injured party as the price drops.

On April 29, 2009, the Defendant paid KRW 100 million by May 12, 2009, which was the second share of H, and KRW 8 million of the loss incurred by selling the shares of H (State) around April 29, 2009, to the victim (State) in the office of D (State) above, as the shares (State shares) were transferred to that effect. When shares were transferred, the Defendant would pay KRW 100 million by May 12, 2009, and make up for the interest amount.

“In doing so, I have drawn up a monetary lending contract with the victim and G 25,000 shares, with the effect that they shall borrow 25,000 shares and shall repay 100 million won.

However, in fact, the Defendant provided the stocks that he received from the injured party as a collateral to use the funds for personal purposes by lending or disposing of them. Since economic difficulties such as entering a bank due to the failure of the company operated at the time, there was no intention or ability to pay 100 million won or interest on the date of the promise by the injured party.

Defendant deceiving the victim as above and received 25,000 shares of G shares equivalent to the market price of KRW 92,500,000 per share (3,700 per share) from the Defendant’s Samsung Securities Account (I) on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. A criminal investigation report (verification of a securities account of the person under investigation);

1. Application of a detailed statement of account transactions, a certificate of deposit transaction records, a self-check check transaction certificate in front of himself/herself, and a transcript;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.