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A defendant shall be punished by imprisonment for a period of five months.
Reasons
Punishment of the crime
1. On November 29, 2008, the Defendant indicated the “F (State) G”, “98,600,000 won”, “11 December 11, 2008,” with the date of issuance “F (F) stocks of KRW 98,60,000,000 issued by F Co., Ltd.) at the office D’s office located in Ulsan-gu, Ulsan-gu, U.S., U.S., for several months.” The Defendant stated that “on the face of a discount of KRW 50,00,00 won per share issued by F Co., Ltd., Ltd., the Defendant loaned to the victim a number of shares equal to or above KRW 10,000 won per share issued by F Co., Ltd., Ltd., and that “on the face of a discount of KRW 50,000,000,000,000 to KRW 110,00 per share” through H.
However, the defendant did not have an understanding that he lent 100 million won or more per share from the representative G of F Co., Ltd. for a few months, and there was no intention or ability to allow the victim to use the above 100 million won or more per share issued by the said company for a few months.
Nevertheless, as above, the Defendant, by deceiving the victim and deceiving him from the victim to the account in the name of a national bank account in the name of the victim I, received each remittance of KRW 10 million around December 30, 2008, and KRW 6 million on December 31, 2008.
2. Around January 12, 2009, the Defendant told the victim to the effect that “If the amount of money is more than KRW 100 million, it would be lent to the victim at least KRW 100 million per share issued by the F Co., Ltd.”
However, the Defendant failed to obtain the understanding that the Defendant lent the check of 100 million won or more from the representative G of FF Co., Ltd. for a few months, and there was no intent or ability to allow the victim to use the check of 100 million or more won issued by the said company for a few months. The said company did not hold a check that the check of 100 million won or more issued by the said company was more negotiable than that of the said company on December 31, 2008 and the last default on January 2, 2009.
Nevertheless, there is a need to do so.