Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On September 9, 2016, the Defendant committed fraud against the victim B is the representative director of the company M&A company, and the company is Gangnam-gu, while the Defendant was holding a joint and several meeting of shareholders in the D cafeteria located in Guro-gu Seoul Metropolitan Government, Guro-gu.

F Company's shares were transferred to the largest shareholder due to the change of the largest shareholder, and will make the transferred shares available to the shareholder by September 23, 2016 at the price lower than the market price.

In order to purchase stocks, ten percent of the price of stocks shall be paid as down payment.

“.......”

However, in fact, the defendant received down payment from the injured party and thought to use it as personal living expenses, etc., and there was no intention or ability to purchase the above company shares.

Around September 12, 2016, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 4,000,000 from the account of G Enterprise Bank (H) around September 12, 2016 as the down payment for the purchase of shares from the injured party.

2. Around September 12, 2016, the Defendant: (a) stated that “The victim I would help purchase the Flisted stocks at a price lower than the current market price so that he/she can see marginal profits; and (b) would change down payment.”

However, as stated in paragraph 1, the defendant was thought to receive down payment from the injured party and to use it as living expenses, etc. individually, and there was no intention or ability to purchase the above company's shares.

The defendant deceivings the victim as above and was immediately delivered KRW 3,00,000 to the corporate bank account of G Co., Ltd. as the contract deposit for purchase of shares from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made B and I by each police officer;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;