A defendant shall be punished by imprisonment for nine months.

Punishment of the crime

The defendant had worked in the company B, but around May 2004, retired from the company, and 2,000 shares of the company held by the defendant were waived at the time of the above resignation.

Prior to the above withdrawal, the Defendant offered 2,00 shares of the Defendant-friendly game room operator C as collateral with money. However, upon the Defendant’s withdrawal, C, who was unaware of the fact that he renounced ownership of the said shares, received a request from C to provide the victim D, who was a merchandise coupon exchange business operator, who was in custody of merchandise coupons issued to customers while operating the game room.

Accordingly, on October 19, 2005, the defendant prepared a share transfer and takeover contract to the effect that the defendant holds 600 million shares of corporation B to the victim and that the shares will be listed immediately, and that 200 million shares will be transferred to the victim, and that the defendant will repay KRW 100 million after June 30, 2006 to the victim at the office of the Gangnam-gu Seoul E Law Firm F in Gangnam-gu, Seoul, which made it possible for the victim believed to deliver to C a share transfer and takeover contract to the effect that 200 million shares will be transferred to the victim, and a share transfer and takeover contract to the effect that 100 million won will be repaid after June 30, 2006.

However, the defendant did not hold the shares of the corporation B at that time, and did not have any other ability to repay the money that he promised to pay to the victim.

Accordingly, the defendant had C receive property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement section of D);

1. Statement made to D by the police;

1. Application of relevant Acts and subordinate statutes, such as a complaint;

1. Criminal facts;