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Defendant
A Imprisonment for 6 years, 2 years, 1 year and 6 months, and 6 months, respectively.
Reasons
Punishment of the crime
[Defendant A, B] 2017 Highest 3641
1. Fraud;
A. While Defendant A operated an investment advisory company that did not obtain authorization or permission under the law in the name of “M” in the K Building L in Busan District Office, Defendant B conspired to attract an investment amounting to a maximum of 20 billion won for Defendant B and foreign exchange futures trading on January 2016, Defendant B is responsible for soliciting investors, and Defendant A is responsible for managing the investment fund, and Defendant B and investors pay dividends of 5% per month, respectively.
On April 6, 2016, the Defendants made a false statement to the victim F that “When investing in foreign exchange futures trading, the Defendants would pay 5% dividends on the investment amount and request the principal after 20 months, the full principal will be guaranteed.”
However, even if Defendant A received an investment from the victim, there was no intent or ability to pay the above high-rate dividends through foreign exchange futures trading, and in fact, Defendant A was aware of this fact in the course of making entry into the said office from time to time and soliciting investors, so long as the investment amount received from a new investor was appropriated for the payment of dividends to the existing investor and Defendant B, repayment of individual debt, etc., so long as the investment amount has not been brought in continuously, Defendant B did not have the intent or ability to pay dividends to investors or redeem principal.
As above, the Defendants conspired to deception the victim and receive 60 million won from the victim’s bank account (O) on April 6, 2016, and, from February 19, 2016 to December 17, 2016, the Defendants received 60 million won from the victim’s bank account under the name of the Defendant A, as well as by the same method over 40 times in total, as described in the attached Table 1 Nos. 3, 5 through 7, 10 through 12, 17 through 23, 25 through 27, 31 through 37, 49, 5 through 57, 59, 60, 63 through 69, 73, 74, and 81.