Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On September 27, 2006, the defendant was sentenced to three years of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Busan High Court, and completed the execution of the above punishment on December 16, 2008.
[2013 Highest 529] The Defendant is a person who registered the Defendant’s father E in the name of representative director in the name of the Defendant’s father E in the 2 and 3th floor of Seocho-gu Seoul Metropolitan Government, and is in charge of the recruitment of investors
On November 1, 2011, the Defendant stated to the effect that, “The victim F, who had asked about the purchase of stocks of the said company by telephone at the above company office, is expected to list D non-listed stocks in the outside market established and operated by the Korea Financial Investment Association for the trading of stock certificates that are not listed on the securities market and the KOSDAQ market after two months or five months, so it is possible to trade stocks, and the transaction price may obtain a lot of profit as it is expected to be maintained by increasing up to 5,000 won per share.”
However, the above company, a door-to-door sales business entity, such as consumer goods, was extremely poor in its business performance, such as sales revenue of 2,6610,000 won during the period from January 1, 201 to August 31, 201, and recording the business losses of 30,050,000 won. However, from September 201 to September 201, the Defendant continued to engage in abnormal operation, such as receiving investment money with the content of guaranteeing the return of principal and interest equivalent to 170% of principal and interest within one year after being invited to sell goods while soliciting sales from the above company. As such, the company’s shares were listed in the next door-to-door, and there was no business outlook or normal business plan to increase the price of 5,00 won.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the national bank account in the name of the above company, under the pretext of the purchase price of KRW 1333 of the D shares on the same day.