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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
The Defendant, on July 2010, agreed to pay off the amount received from the victim by July 31, 2013, after receiving KRW 140 million from the victim, by stating that “D” is an employee of “D,” a company providing stock investment information, with the maturity of KRW 140 million from a month to a three-month period, there is no upper and lower limit of the price, and there is no high change in the value, thereby making an investment in ELW (securities) which is a derivatives with a higher investment risk than a stock investment, and after having suffered total loss of the investment amount, the Defendant paid off the amount received from the victim by January 31, 2013.
At the end of May, 2012, the Defendant concluded that, “In the G real estate office of the victim’s management in Heung-gu, Gyeonggi-gu, Gyeonggi-do, the Defendant would make an investment only in a safe stock at this time in the real estate account and recover the existing loss. It would be possible to verify the transaction performance, and the balance will be confirmed by submitting the transaction statement.”
However, even if the Defendant transferred shares from the victim, he was thought to re-investment in derivatives, such as ELW or futures option, rather than a stock investment, and the statement of balance sent to the victim by e-mail was fabricated as if the profit was generated by investing in the shares through PC.
Around June 4, 2012, the Defendant, by deceiving the victim, received from the victim the KRW 6,540,000 (H1,000) equivalent to the market price of KRW 6,540,00 from the victim, to the future securities account (I) in the name of the Defendant. From that time to November 15, 2012, the Defendant acquired and acquired shares worth KRW 122,295,50 in total over six times, as shown in the attached crime list, from November 15, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Each entry in the accusation ledger and the police statement of E; and
1. The details of trading of stocks and ELW, a statement of entry into and withdrawal from futures options accounts, and each category.