A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

【Prior Crimes in the latter part of Article 37 of the Criminal Act】 On October 25, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on November 2, 2012.

【Criminal Facts of Crimes” around January 15, 2010, the Defendant stated to the effect that “The Victim E will offer 80,000 shares as security at the D office located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul), and that “The Victim E will pay 50,000 shares by April 15, 2010, which is later than three months, if the Defendant lent KRW 50 million. The shares will be transferred by March 31, 2010.”

However, the Defendant: (a) decided to sell the above company’s share certificates at a voluntary price after acquiring them from F, who is the representative director of D, a developing chain, such as Taeyang batteries, to “F shall pay 2,000 won as the purchase price per share; (b) around December 2006, and around February 1, 2009, the Defendant agreed to increase the short-term share price through listing, etc. and sold them to a third party; (c) from around that time, the Defendant was demanded to return the share certificates of approximately KRW 400 million (stock transfer price) on the ground of the buyer’s non-performance of the promise; (d) was issued from F in order to raise funds for the operation of the food distribution company in the name of “G” operated by the Defendant, but this was replaced with new shares rights from June 204 due to the reduction of the capital of the above company; and (d) there was no real property value in fact due to the replacement of the above company’s share certificates, and there was no financial ability to repay the above amount from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received money from the victim, from the victim, the amount of KRW 13 million around January 15, 2010, KRW 37 million around January 18, 2010, and KRW 50 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement, the witness F’s legal statement 1.