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A defendant shall be punished by imprisonment for six months.
However, 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
From around 2003, the Defendant is a person who had been engaged in urban village sales business, etc. under the trade name of Songpa-gu Seoul Metropolitan Government “D” and “E”.
1. Around April 2007, the Defendant: (a) at the office of the Victim G located in the U.S., the Defendant was unable to pay taxes due to outstanding money from around 2007 to the point of time; (b) the Defendant did not have any other property; and (c) paid the current number of shares issued by issuing the current number of shares at a discount; and thus, (d) even if the Defendant borrowed money from the victim, he did not have any intent or ability to refund the money, the Defendant would make a false statement that he would make a full payment by paying the current number of shares with the face value of KRW 10 million issued by the Defendant to the settlement date; and (e) he received KRW 10 million from the victim as a loan on April 24, 2007 and acquired it by defrauded.
2. Around May 2007, the Defendant: (a) borrowed money from the victim G but did not have the intent or ability to return it; (b) made a false statement to the victim that the Defendant would make a full payment with a face value of nine million won per face value per share issued by the Defendant; and (c) received nine million won from the victim as the borrowed money on May 2, 2007, and acquired it by deceit.
3. Around May 2007, the Defendant: (a) received the money from the victim G, and (b) received the money from the victim G as above, but did not have any intent or ability to return it; (c) made a false statement that the Defendant would make a full payment by the settlement date, holding the victim’s check of the per share amount of KRW 10 million per face value issued by the Defendant; and (d) received KRW 10 million from the victim as the borrowed money on May 25, 2007; and (e) obtained the money from the victim.
4. The Defendant: (a) around June 2007 at the place specified in the above Paragraph 1.; and (b) even if the Defendant borrowed money from the victim G, he did not have the intent or ability to return it; and (c) at the face value nine million won per share issued by the Defendant.