A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 4 years from the date this judgment became final.

Punishment of the crime

On March 1, 2010, the Defendant made a false statement to the effect that “On April 12, 2013, when paying KRW 400 million to the victim F, the Defendant would raise the amount of sales of the said company to KRW 300 million until April 12, 2013, which was 36 months later, repay the amount of the company’s debt, dispose of the shares of other shareholders, transfer 80% of E’s shares to the representative director, and transfer the registration to the representative director.”

However, at the time, the above company's liabilities were more than KRW 80 million, and the defendant had 40% of the above company's shares and did not reach an agreement on the transfer of shares with G, H and the above shares. The transfer and acquisition of shares in the articles of incorporation of the above company did not constitute a special resolution of the general assembly or a special resolution of the general assembly, and thus did not have the intent or ability to transfer the above company even if it received KRW 400 million from the victim.

Nevertheless, the Defendant, as above, was issued KRW 400 million from the victim up to 10 times until June 21, 2010, by deceiving the victim and preparing a contract for the transfer and the partnership of the corporation with the victim, and being delivered KRW 30 million to the account under the name of the said company on April 2, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police officers against the defendant and the suspect interrogation protocol of the prosecution;

1. The legal statement of the witness F, G, I and H;

1. Partial statement of the witness J;

1. Statement of the police officer to F, G, and K;

1. Part G of the interrogation protocol of the fifth police officer's interrogation of the accused and part of K of the interrogation protocol of the sixth interrogation protocol of the accused;

1. The statement of complaint prepared by the F (inception three pages);

1. Transfer of a corporation, a stock company (11 pages of investigation records), the details of transfer, 14 copies of bankbooks (14 pages of investigation records), a certified copy of the register of the investigation records (28 pages of investigation records), the articles of incorporation (127 pages of investigation records, documents attached to the police statement of G), 136 pages of investigative agreement, and the police officer of G;