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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who has been engaged in trading in the derivatives financial product market, such as futures under the name of "C". The Defendant is obligated to sell the principal by compulsory sale when a loss has occurred or is likely to occur in the course of trading derivatives financial products, such as futures, using the bonds and lending account of the bond company D, and the principal is recovered by contract with D so that the interest equivalent to approximately KRW 20,000 per unit transaction, which shall be repaid first on the day, and the amount of investment deposited in the said account, may be continuously borrowed on the same day, and the amount of investment deposited in the said account, which shall be preferentially provided as collateral to preserve the principal and interest of the above bonds prior to the return on investment. As such, even though the victim may continuously incur a loss without paying any more profit than the above principal and interest of the bonds every day, the victim was willing to receive investment from the victim as if the victim were an investor.
1. Around March 12, 2012, the Defendant: (a) made a false statement that, around February 9, 2012, the Defendant would receive a proposal from the victim E to make an investment in futures trading in a coffee shop where the trade name in Songpa-gu Seoul Songpa-gu, Seoul is unknown; (b) the Defendant would return the principal to the victim by not later than six months; (c) then, (d) the Defendant would return the entire amount of the principal to the Plaintiff and then sell the interest only to the interest; and (d) thereafter, (d) the Defendant would make the Plaintiff make an investment in the futures market as one account by inserting money to the investor’s account.”
Around March 12, 2012, the Defendant, by deceiving the victim, received KRW 120,000,000 from the victim as a securities account under the above D’s name, for investment in futures trading.
2. On April 13, 2012, the Defendant is guilty of a fraud of KRW 130 million in futures trading investment funds.