Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Punishment of the crime

1. On March 3, 2010, the Defendant stated that “A victim D (the age of 48) who operates the “Steto be the Vice-Chairperson of the E Company,” and that “A will be listed immediately,” but if E will be invested in KRW 10 million and purchased E shares, the Defendant would make it possible to see profits by up to March 20, 2010.” In addition, the Defendant said that “I make an investment of KRW 10 million.”

However, since the Defendant only worked as a temporary employee of Songpa-gu Seoul Metropolitan Government E company from February 1, 2010 to March 20, 2010, and did not have a position to decide or know the core duties of capital financing, such as listing of the company’s stocks, etc., the Defendant did not have the intent or ability to purchase the shares and to deliver the profits to the victim.

On March 5, 2010, the Defendant received a false statement from the victim and acquired it through a new bank account in the F name of March 5, 2010, totaling KRW 10 million from the victim.

2. On March 13, 2010, the Defendant called the victim’s phone, and the fact was received from the victim, even if he/she borrowed money from the victim, and the victim did not have the intent or ability to make a full payment, with the victim’s false statement stating, “I shall lend 1 million won after he/she has paid the money in an urgent need, and he/she shall borrow 1 million won from the victim to the Defendant’s A’s account on the same day.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The statement statement of each police officer against D and H, and the statement statement of the police officer against the defendant in the protocol of suspect examination of the defendant;

1. Certificates of stock custody;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act.