A defendant shall be punished by imprisonment for ten years.

Punishment of the crime

"2018 Gohap 35"

1. Around January 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) provides the victim S with the “O” bank operated by the Defendant’s father Q, who is in a substantial district of Cheongju-si, with the aim of purchasing gold at the lowest price during the summer period, and then selling gold at the highest price during the summer period.

Since the principal can be sold with a single gold accident like the stocks that the principal is guaranteed, there is no loss.

“The phrase “ was false.”

However, since the price of the gold has been repeated due to unexpected factors, such as market conditions, etc., it is clear whether continuous profits will accrue even if the money received from the injured party is invested in the gold. In fact, even if the Defendant received money from the injured party under the pretext of investing the money in the gold, it is thought that most of it would be paid to other investors as a profit, and thus, the Defendant did not have the intent or ability to pay the profits to the injured party normally by guaranteeing the principal of the investment or making the gold transactions.

Accordingly, the Defendant, as seen above, received KRW 1,034,150,000 from the time when he/she received a total of KRW 122,50,000 from the victim to December 22, 2017 as investment money for the same day from the time when he/she received a delivery of KRW 1,034,150,00 in total from the victim as investment money. From November 2, 2015 to January 2, 2018, the Defendant received a delivery of KRW 9,520,550,000 in the above manner from the victim nine in total as investment money from the victim from November 2, 2015 to January 2, 2018.

2. Fraud;

A. The Defendant’s investment funds fraud is written in the indictment around May 10, 2016, as of April 10, 2017, but it is also written in the indictment, on the 10th of the crime sight table (1) and evidence (6th of the protocol of examination of witness with respect toT, 10th of the document, 10th of the evidence record, 1016th of the evidence record).