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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a director of D.
The Defendant, along with E, formed a trust relationship while investing in stocks, received shares held by the Victim F, who was his child, and received the shares from the victim F.
In fact, even if the Defendant borrows shares from the victim, her mother does not have an intention to borrow the shares as collateral, her mother does not have the ability to lend the shares as collateral, her mother does not have an intention to use the shares at a street expense related to a dialogue, and her apartment is not in an auction, nor did her will or ability to return the shares borrowed because of economic circumstances, such as the fact that the apartment
Nevertheless, on October 20, 201, the Defendant made a false statement to the victim by telephone, stating that “The instant dialogue share price was 4,000 won, which is 6,000 won, immediately if the 6,000 won is 6,000 won, the Defendant returned to the shares. The Defendant would lend shares to the mother as collateral and borrow money.”
Accordingly, the amount of KRW 7,780,000 in total (3,890 won per share) was transferred from the victim to the Korean Investment Securities H account in the name of G in the name of the defendant's father.
On November 23, 2011, the Defendant received a request from the victim to return the shares borrowed by telephone, and made a false statement to “Isman to borrow money on the security of shares.”
In this context, the sum of approximately 8,000 states of dialogues (the market price of KRW 4,195 per share) was transferred from the victim to the above account in excess of KRW 3,560,00.
On November 29, 2011, the Defendant made a false statement to the victim by telephone, stating, “The head of the large-scale merger and acquisition team shall pay money to the victim as soon as I would be urgently required to pay money.”
Accordingly, the sum of approximately 3,00 states of conversations (4,315 won per share) was transferred from the victim to the above account in excess of KRW 12,945,00.
On January 12, 2012, the Defendant “I” to the victim by telephone.