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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On April 6, 201, the Defendant called the victim D to purchase the shares of Samsung Electronic Services (main) in the amount of KRW 13,000 to KRW 15,000 per share, and then purchased them in the amount of KRW 13,600 per share in the amount of KRW 13,00 or KRW 15,00 per share in the amount of KRW 25,600 per share in the United Nations Samsung Electronic, and at least 10,000 per share in the amount of at least two to three months after the retirement of the employee. The Defendant said that “Eths will sell 4,777 shares of Samsung Electronic Services to KRW 15,50 per share in the amount of KRW 15,50 per share.”
However, in fact, there was no plan to purchase the employee shares of Samsung Electronic Services (Co., Ltd.) in a large quantity, and there was no fact that Samsung Electronic Services (Co., Ltd.) distributed at least 100 shares to employees per employee, and even if the Defendant received money from the victim, he did not have the intent or ability to purchase 4,777 shares of the employee shares and deliver them to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 74,050,000 won under the name of the Defendant’s purchase price for 4,777 weeks in the passenger car in front of the F cafeteria located in Dong-gu, Gwangju, Dong-gu.
2. Around May 8, 2011, the Defendant called “an employee who will retire” by phoneing the said victim at a place unclaimed, stating that “The Defendant would purchase and sell 3,562 shares of KRW 15,500 per share to KRW 15,500 per share, and will sell all shares of KRW 25,60 per share, together with the shares first purchased.”
However, there was no plan to purchase the employee shares of Samsung Electronic Services (Co., Ltd.) in a large amount, and there was no distribution of employee shares to employees in Samsung Electronic Services (Co., Ltd.) and even if the Defendant received money from the victim, he/she purchased 3,562 shares of the employee shares.