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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2019 Highest 4177] The Defendant promised to guarantee the principal and a fixed return on profit to relatives and their neighbors. From around 2015, the Defendant received investment money from them, and was engaged in the trading of stocks from February 2016, and from February 2016, the victim D (the age of 37 at that time) who worked together at an insurance company in the past at a coffee store located in the same year from November 2016, “the wife is a person who attends a securities company, and her wife is a person who is going at the age of 37 years, and her profits are generated while trading stocks or gifts with her wife, and she receives 200,000 won from one month. The Defendant will return the principal to the victim only if he/she gets off his/her share and paid the interest at least 10% per month, and he/she will return the amount of money to the victim for more than 100,000 won, regardless of its losses.”
However, in fact, the Defendant, from May to June, 2016, suffered losses from futures transactions, and sold the gift to other investors by referring to a kind of “concepting” that pays monthly interest from the investment money received from the investors, or referring to losses incurred to the investors on a fixed date in order to pay the said interest. In such a situation, the Defendant, as seen above, should pay to investors more than KRW 20 million as monthly interest, has to pay to investors more than KRW 20 million. Thus, all investments in the near future.