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Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, the fine shall be 100.
Reasons
Punishment of the crime
On March 3, 2017, the Defendant, at the office of Seo-gu Daejeon, Seo-gu Office of Btel C, Seo-gu, Daejeon: (a) as if the victim D was an expert in futures investment who was called “E”, and (b) as if he was assumed to make an investment of 100 million won, he would be punished by 120 million won per year, calculated at 10% per month; (c) if he was to make an investment of 100 million won, he would be punished by more than 10% per year; and (d) he would make 10% of dividends to the investors who made an investment in the Republic of Korea; (e) by raising a large amount of profit if he was to take charge of the investment in the gift, he would make a false and safe investment.
However, even if the Defendant received money from the victim as a futures investment agent, the Defendant did not have any intent or ability to make profits equivalent to or more than 10% per month, and did not intend to use the investment money, such as remitting part of the investment money received from the victim to other investors, for futures investment. In short, the Defendant did not have any intent or ability to safely make an investment by proxy with the victim’s investment money, such as using the nominal “passbook” account and using the non-authorized futures trading intermediary site from time to time, but not preparing for the risk of the closure of the site or notifying such risk to the victim.
As such, the Defendant, by deceiving the victim, obtained a sum of KRW 43 million from March 16, 2017 to April 17, 2017 as a futures investment agent from the victim, and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. A complaint;
1. Investigation report (the current status of the use of passbooks on a futures trading site, and the fact that investment funds by complainants have been used for discharging other obligations).