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A defendant shall be punished by imprisonment for seven years.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
In 2008, the Defendant, as a non-professional share owner, suffered a loss equivalent to KRW 30 million due to a share investment, made a re-investment in the shares by borrowing KRW 30 million from his parent in order to meet this, but the Defendant also lost all of the shares.
Therefore, in order to recover losses, the Defendant made a false statement to the effect that a securities company can impose a large amount of money when investing in stocks, such as the head of a branch office and a fund manager in Seoul, in order to promote the recovery of losses, and began to collect investment funds from relatives. In order to have difficulty in securing the profits and the principal to be returned to investors on a regular basis, the Defendant began to expand the subject of the crime due to the following: (a) the parents of children-friendly relationship, the Defendant’s alumni, etc.; and (b) from 2010, the Defendant was willing to obtain money from investors secured through D and D by borrowing real estate investment, etc. which is essential for a certain period of investment.
1. Fraud;
A. On April 201, 201, the Defendant called the Victim D by phone called to the Victim D, and called, “The Defendant would give KRW 10 million per year if he/she invests 10 million in the stocks through a branch of a securities company located in Seoul, where he/she knows E, by means of a branch of a securities company located in Seoul, where he/she knows E.
However, in fact, E, a defendant's will to make an investment or to guarantee profits, because it had no close relationship with the head of a branch of a securities company and even if it received an investment money from a victim, it was intended to pay it as a profit to other investors.
As such, around September 9, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million as a stock investment deposit in the name of the Defendant from the Gyeongnam Bank account (F) around September 9, 201; and (c) around that time, from around October 7, 2013 to around 20 times as indicated in the attached list of crimes (Ⅰ).