beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant borrowed a total of KRW 1.20 million from the victim C around November 23, 2015, and KRW 1.50 million around January 22, 2016, and offered the Defendant’s shares 20,300 shares as security, but failed to repay the borrowed amount, the Defendant, around April 22, 2016, stated that “If the Defendant returned the shares of the Dispute Settlement Bank D offered as security by the Defendant, he/she would repay the borrowed amount of KRW 1.5 million by disposing of the said shares.”
However, even if the above shares are returned from the victim, the defendant did not have the intention or ability to dispose of the shares and repay the borrowed amount to the victim.
The defendant, by deceiving the victim as such, obtained the victim's 20,300 shares (the price per share of 5,870 won, total of 119,161,00 won) from the victim and acquired it by fraud.
The defendant of "2018 Highest 4489" is a person who operates a damaged company as a joint representative of the victim B corporation established by E and Dong business.
(1) On September 16, 2014, the Defendant deposited 90,000 won of the Company’s capital into the Hbank’s deposit account in the name of the victimized Company in Gangnam-gu Seoul, and transferred 30,000 won from the H Bank’s deposit account in the name of the victimized Company to the I Bank’s deposit account in the name of the Defendant on October 27, 2014, and then arbitrarily transferred the amount to another I Bank’s deposit account in the name of the Defendant, and then arbitrarily transferred the amount to KRW 9,651,415,00 to the Defendant’s personal debt to the L Bank’s deposit account in the name of another I Bank’s name, such as using the Defendant’s repayment of the Defendant’s personal debt amounting to KRW 30,00,000,000,000 to the Defendant’s personal debt, and (2) the Defendant received from the joint representative of the victimized Company’s funds from the Defendant to the I Bank’s deposit account in the name of the Defendant.