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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Financial Investment Services and Capital Markets Act ("FF") deals with the currency of a country with high exchange rate fluctuations and settled profits and losses depending on exchange rate fluctuations, and thus, it is highly likely that a small amount of deposit can be traded only with a small amount of deposit, so it is high risk of losses. It can be done only through a company authorized to engage in a financial investment business by a financial member's association in accordance with the Financial Investment Services and Capital Markets Act. Despite the fact that a FX MF transaction through a company without authorization for a financial investment business is illegal, the Defendant, by deceiving victims to the effect that it would guarantee high profits through legitimate FX MF transactions, received investment money and received it from an unmanned company to use it for personal purposes, such as FX MF transactions and living expenses.
1. On April 30, 201, the Defendant against the victim B, at the Defendant’s office located in the Busan Shipping Daegu C Co., Ltd., the Defendant would make a 10% of the amount invested every month when making an investment.
“The purpose was to make a false statement.”
However, it is not possible to guarantee that the FX M&D transaction will pay the profits of 10% per month because the risk of loss is high, and the defendant did not notify the victim that the investment funds received from the victims were to be used in the FX M&D transaction through an unmanned company with a high risk of loss, and even if the defendant did not notify the victim that the above investment funds would be used in the FX M&D transaction, the victim would not pay the profits to the victim in a prompt return manner, such as paying the profits to other investors as investment funds, and there was no intention or ability to pay the profits promised to the victim if it was failed to pay the profits to the FX M&D investment due to the absence of special assets or certain incomes.
The defendant deceivings the victim as such, and thereby deceiving him.