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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 1, 2014, the Defendant displayed an investment performance contract with the victim D, stating that “The investor E-capital stock shall invest KRW 5,000 per share in F, a capital of KRW 5,000 per share by the end of September, 2014,” at the office located on the first floor below the Seocho-gu Seoul Metropolitan Government C Building, and the Defendant “F, a corporation operating a domestic F business, has business feasibility as a SNS mobile phone app-related business.”
The Government will transfer 1,700 shares among the shares of F Co., Ltd. F 10,000 shares to KRW 100,000 among the shares of F Co., Ltd. 4,500 shares, and if the system is opened, it will be able to recover part of the shares of the victim from other investors after 2-3 months.
Then, on October 1, 2014, a contract for acquisition of shares between the victim and the defendant was made to sell 1,700 shares to the victim for KRW 100 million.
However, in fact, F Co., Ltd. was established on September 26, 2014 with the amount of KRW 5,000 per week, the total number of issued and outstanding shares of KRW 200, the capital of KRW 1 million, and the Defendant did not hold shares of KRW 4,500, and at the time of the above contract, the Defendant was not able to transfer shares of KRW 1,700 to the victim because it did not have any shares of KRW 4,500 at the time of the above contract. Moreover, the amount received from the victim was intended to use shares for personal debt repayment, etc., and there was no capital increase of KRW 10,00 on the ground that there was no capital increase cost, such as a certified judicial scrivener fee, and there was no intention or ability to recover part of the shares of the victim to sell them to other investors.
Therefore, the Defendant obtained a total of KRW 100 million from the damaged person to the new bank account (G) in the name of the Defendant, including KRW 50 million on October 1, 2014, and KRW 50 million on October 8, 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Each prosecutor and police of the defendant.