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The punishment of the accused shall be three years of imprisonment.
Reasons
Punishment of the crime
The Defendant is operating (State) C (hereinafter referred to as “C”) established for the purpose of genetic development business, etc.
1. Around February 2008, the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated to the effect that “The victim E has a stake in two preceding times with a large quantity of store in Russia,” and that “C will be merged with the listed company after offering new shares in around May 2008 by a third party.” The investment would be able to receive shares of the listed company and guarantee a dividend equivalent to 30% of the investment amount. The share price will be 3-4 times the share price will be 3-4 times the share price.”
However, in fact, the Russia had been engaged in exploration to the extent of KRW 100 million and KRW 20 million, and the store quantity was estimated without exploration. The C's sales amount in 2007 was merely KRW 200 million and KRW 600 million and the C's net loss was difficult to operate the company due to financial difficulties, and it was difficult to list the delayed payment of wages by issuing capital increase with a third party allotment method. However, there was no intention or ability to make the Defendant receive the shares of the listed company even if he received money from the victim as a share price, or to guarantee the profit equivalent to 30% of the investment amount.
Nevertheless, around March 3, 2008, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim under the name of “the third party’s share price paid for the new shares issued in accordance with the third party allotment method scheduled to implement May 2008.” From that time to May 14, 2008, the Defendant received KRW 845 million in total under the name of “the third party’s share price paid for the new shares issued in accordance with the third party allotment method” from that time to May 14, 2008.
2. The Defendant’s fraud is at C Office around October 28, 2010, and is above.