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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 16, 2015, the Defendant: (a) around December 16, 2015, there is a company operating a wind power generation business with the victim D “E” at the mutual infinite coffee shop located in the Gwangju Seo-gu Standing District; (b) the shares of this company are KRW 10,000 per share.
1년 정도 후에 회사 주식이 상장될 것이기 때문에 주식 가치가 2 배 이상 뛸 것이다.
50,000,000 won is to purchase 50,000 shares of the Company instead of internal payment.
If running more than two times after one year, it is expected to compensate for KRW 100 million.
“.........”
However, in fact, the price of the shares of the Co., Ltd. E was not less than 10,000 won, and there was no possibility of listing the shares of the said Co., Ltd.., and the Defendant introduced the shares of the said Co., Ltd. to the said Co., Ltd. without being aware of the said Co., Ltd., and purchased the shares of the said Co., Ltd. from the injured Co., Ltd., with the purchase price of the said shares received KRW 2,00 per share from the injured Co., Ltd., and
Nevertheless, on December 17, 2015, the Defendant was transferred KRW 50 million to the Nonghyup Bank account in the name of the Defendant to the injured party.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 5, 2016, the Defendant would sell KRW 5,000 per share to the said victim’s “E shares owned by him/her” at the “G office located in Gwangju North-gu, Gwangju-gu, for KRW 6,000 per share.
Since shares of a company will be listed after one year, the share price will be more than twice.
If so, it was said that the principal will be returned at all times.
However, in fact, there was no possibility that the shares of the corporation E will be listed, and the defendant did not know about the above company, and he purchased the above company's shares in 2,00 won per share after receiving the purchase price from the injured party, and thought that the difference would be acquired, and there was no other property, thereby compensating the victim for the principal.