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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Criminal facts
[criminal records] The Defendant was sentenced to imprisonment with prison labor for one year and two months in order to commit a crime at the Goyang Branch of the Jung-gu District Court on March 13, 2008, and the execution of the sentence was terminated on December 22, 2008 at the Seoul detention center on December 22, 2008. On November 12, 2015, the imprisonment with prison labor for a crime of fraud committed on or around April 2007 at the Goyang Branch of the Jung-gu District Court on March 12, 2015, and the said judgment became final and conclusive on November 19, 2015 upon being sentenced to one year.
[Attachment 2016 Highest 2785 [Attachment 1, 2, 3]
1. On March 3, 2010, the Defendant is aware of the shares to be listed in C at a vinyl house located in Soyang-gu, Soyang-gu, Hongyang-gu, Seoul, and the victim C.
D shares that will be listed on the face of the week in payment of KRW 30 million shall be 50 million per share and 6,000 per share will be sold.
The shares shall be 23,000 won when they are listed.
“.” The purport was “.
However, there was no possibility that the shares of the company will be listed because D(State) was closed ex officio on November 17, 2007.
Nevertheless, the Defendant, by deceiving the victim, obtained shares equivalent to KRW 30,303,80 of the market price, such as 19,300 shares of a company bank owned by the victim (in total of KRW 19,300,000 per share price of KRW 19,300) and 740 shares of a package (in total of KRW 14,870, KRW 14,803,800 per share price of KRW 14,870) from the victim and acquired shares of KRW 30,30,80 from the victim.
2. From September 2012 to November 21, 201 of the same year, the Defendant: (a) was working as a shop in the “G convenience store” operated by the victim FF in Goyang-gu, Goyang-gu; and (b) was engaged in the duties of managing the sales price of goods; (c) was kept in custody for the victim on November 1, 2012 for the sake of the victim, while not remitting KRW 12,460,00 from among those kept in custody for the sake of the victim, the Defendant was arbitrarily used for personal purposes without remitting KRW 12,460 to the head office of the convenience store; and (d) was committed in the attached list of crimes from around the above day to the 21st day of the same month.