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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 2010, the Defendant sent a phone call to the Victim B on July 1, 2010, stating that “The relationship between Seoul and Ktex Co., Ltd. had been previously known about the flow and listing of shares. It is clear that the company’s management performance would be listed on the KOSDAQ within the latter part of 2010 or in the first half of 2011, and it would have a big benefit to the company’s shares, i.e., e., tex Co., Ltd.’s shares at KRW 8,00 per share. In addition, the Defendant concluded that the purchase price of shares would sell shares upon transfer to the fund manager C’s account.”
However, the fact is that the DozinTex Co., Ltd. is a subordinate company and has little possibility of listing on KOSDAQ even if its shares were sold, and C was not a fund manager, but a creditor of the defendant, and the defendant was trying to transfer the shares owned by the defendant to the victim to pay his personal debts.
On July 6, 2010, the Defendant: (a) had the victim transfer KRW 8 million to a deposit account in the name of C as a purchase price of stocks on July 6, 2010; and (b) had the victim transfer KRW 31,960,000 under the name of purchase price of stocks over three occasions from August 2010, as shown in the attached list of crimes (1).
2. On August 12, 2010, the Defendant made a false statement to the victim B by stating that “GG charging money needs to be loaned to the Defendant,” but the fact was that on February 12, 2010, the Defendant intended not to operate a charging station at the time of leasing the charging station to another person in the early police station, and did not have any intention or ability to pay the amount to the victim, on the ground that he was instructed to demand the repayment of the liability amounting to KRW 860,000,000 to KRW 860,000,000,000 to be used to repay the debt from the victim.
The defendant shall use it as the fund for the operation of the charging station from the victim.