A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

around 2009, the defendant is a person who has been engaged in a financial investment business with the trade name "AG of a stock company" in Gangnam-gu Seoul Metropolitan Government AFtel.

L Co., Ltd. (hereinafter “L”) was a corporation for the purpose of manufacturing and selling coffees, or a corporation for the purpose of manufacturing and selling coffees, and did not have any device produced in addition to prototypes after its establishment, and did not have any device for mass production. Of capital 3 billion won, 2.95 million won was made in the lump sum payment. Based on the false financial statements based on this, even on the false financial statements from around 2008, it was in a state of capital erosion, and thus, it was impossible to make a round-up because the business outlook is uncertain and the financial structure is weak.

Nevertheless, the Defendant expressed to the effect that “L is listed on the stock market when around April 2010, when the shares of KRW 500 per share are listed, the amount of KRW 30,000 per share will be increased from KRW 30,00,000 to KRW 80,000 when the shares of KRW 500 per share are listed.” In order to receive the difference in the sales price of shares and fees, the Defendant would be able to sell shares of KRW 500 per share at a high price, and around February 2009, the Defendant stated to the effect that “L is listed on the stock market.”

After that, on December 7, 2009, BD believed to the effect that “L is listed on April 2010, it is possible to pay a larger amount of money if it is purchased” by telephone to the victim BE, and the victim transferred KRW 30 million to AH bank account (BF) in the name of the defendant, which is used by the defendant, around December 7, 2009.

Accordingly, the defendant was given 30,000 won in cash from the victim by using BD which he knew of the fact.

Summary of Evidence

1. Each legal statement of witness BD and AH;

1. Part concerning BG statements in the protocol of interrogation of the police (3 times, 200, 300) as to BD

1. A copy of the statement made with respect to BE;

1. Application of Acts and subordinate statutes to an investigation report (a copy of judgment);

1. Article 347(1) of the Criminal Act applicable to the crime