A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 5, 2012, the Defendant made a promise to sell and purchase the shares of Youngjin Infrastructure Co., Ltd., Ltd., Ltd., which were protected, to the victim F through E, on April 2012, the Defendant stated to the effect that “The Defendant would purchase KRW 200 million of the shares above 450,000,000, from January 5, 2013, 450,000 of the shares whose protection was terminated.”

However, in fact, the Defendant was planning to use the Defendant’s personal debt repayment even after receiving KRW 200 million from the victim. At the time, the Defendant had no personal property at all, had no regular income, and was liable for the Defendant’s loan equivalent to KRW 600 through 700 million to the credit union. Furthermore, the Defendant was also liable for a debt equivalent to KRW 290 million to the credit union. As such, until June 13, 2012, the date of the pre-sale with the Das and Co., Ltd., paid KRW 1 billion for the purchase price of shares, and purchased shares, and there was no intention or ability to transfer KRW 450,000,000,000 to the victim.

On April 18, 2012, the Defendant, by deceiving the victim, received KRW 200 million as the purchase price of stocks from the victim at H hotel located in Gangnam-gu Seoul Metropolitan Government G as the purchase price of stocks.

Summary of Evidence

1. Each legal statement of witness F, E, and I;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A stock sales contract, a copy of a check, a contract for stock reservation sales, a management ledger by the holder of a security deposit, a written confirmation, a cancellation and invalid confirmation, and the current state of the holder of a security infrastructure

1. Application of Acts and subordinate statutes to each investigation report (a report on confirmation of the details of change in the stock price of the Young-gu Infrastructure and correction of the details of change in the stock price);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant and defense counsel regarding the assertion of the defendant and defense counsel under Article 62(1) of the Criminal Act shall be the defendant and defense counsel.