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The defendant shall be innocent.
Reasons
1. The facts of the facts charged are as follows: (a) the Defendant: (b) while running with the former business of C Co., Ltd. for three consecutive years from 2006 to 2008; (c) the Defendant 2.3 billion won of business losses in 2009; and (d) the state of aggravation of financial status due to cumulative accumulation of enemys, such as (i) the amount of business losses in 2.3 billion won in 2009; and (ii) the amount of business losses in 2.1 billion won in 2010; and (b) the Defendant had been well aware of the fact that the investigation by the Financial Supervisory Service and the Prosecutor was being conducted around 2011; (c) the Defendant purchased 122,656 shares per share of the above company around 2010 to KRW 1,010; (d) even if there was no intention of the victim to reduce the value of shares per 20 months in 20 months in 20.
The author tried to acquire the above company's shares from the injured party by fraudulent means.
around November 7, 2011, the Defendant, at the conference room of Gangnam-gu Seoul Company C in Gangnam-gu, had a lot of information about the Defendant’s major shareholders of Co., Ltd. (State) Company C itself as a major shareholder of Co., Ltd., and there are circumstances under which the price of the C’s shares can be much different.
(State)A false statement stating that a real share certificate of C/C is to be returned to the value of KRW 1,00 per share after two months from the date of lending the real share certificate to the Defendant, and that it was issued from the damaged party an amount equivalent to KRW 89,416,224 (729 won per share as of November 7, 201) at the 122,656 share price of C/C under the pretext of borrowing from the damaged party.
2. First of all, the determination is consistent with the Health Team as to whether the Defendant, as stated in the facts charged, deceiving the victim that “When the Defendant lends the instant share certificates to the Defendant, it would return them to the value of KRW 1,000 per share after two months.”