A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 31, 2010. On April 28, 2011, the Seoul Central District Court sentenced two years and six months of imprisonment for a crime of fraud, etc., and the judgment became final and conclusive on June 13, 201.

The Defendant, from August 28, 2008 to August 2009, operated a stock company C (hereinafter “instant company”) established for the purpose of generating profits by investing in stock futures options on the sixth floor of the Seocho-gu Seoul Metropolitan Government building from around August 28, 2008 to around August 2009, transferred the said company to the fourth floor of the Seoul Gangnam-gu D building from around August 2009 to early September 2009, and controlled a similar recipient company, he transferred the said company to another person around the end of 2009, and continued the same business from around September 200 to December 209.

In operating the above company or operating an office individually as above, the defendant borrowed KRW 150 million from the victims who are investors and prepared the company's capital at the time of attracting investment money as follows, and the company did not have any particular asset and there was no profit-making business other than investing in the stock futures option, and there was no fixed income and no special property exists in the defendant's name. Thus, even if the defendant received an investment from the victims, even though he did not have any specific property, he did not return the high rate of profit as agreed by the defendant, as well as return of the principal of the investment, and acquired money from the victims by promising the victims to pay the principal and high rate of investment money, regardless of the fact that the defendant did not have the ability to return the principal of the investment money.

On May 8, 2009, the Defendant made an investment in futures options stocks to the victim F at the sixth floor office of Seocho-gu B building around May 8, 2009.