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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person operating a personal company called “D”.
1. On August 1, 2007, at the office located in Gangnam-gu Seoul E-building 302, the Defendant made a false statement to the victim F, “D will pay to the securities company and D an amount of profit dividends after distributing the stock transaction fee arising from the operation of the “G” program by entering into a contract with the Hyundai Securities Company, ELS Securities Company, and KRS Securities Company at a certain rate. In this case, upon entrusting the stock account, the Defendant would pay 9% monthly profits to the investors, and at any time guarantee the principal and the profits.”
However, at the time, the Defendant had a debt of KRW 900 million due to personal debt, and the above “G” program incurred losses from the futures account opened around June 2007, and waived the development of the program. Even if the victims received money from the victims as a stock investment deposit, it was already planned to use it as a compensation for losses to other investors, and there was no intention or ability to repay the investment amount due to continuous loss from the stock account entrusted by other investors at the time of entrustment of the stock account from the victims.
As such, the Defendant, by deceiving the Victim F and received KRW 70 million from the Victim’s KIKO Securities Account (H) entrusted by the Victim, and received KRW 30 million in total from the Victim on August 6, 2007, and acquired KRW 20 million in the account of one bank (I) under the Defendant’s name on August 20, 2007, and deposited KRW 9 million in the said KIKO Securities Account on December 21, 2007, and received KRW 30 million in total from the Victim on December 21, 2007.
2. On January 29, 2008, the Defendant, at the above office of “D” around January 29, 2008, stated that the market price is KRW 1,500 per share when Hyundai Asian Stock Co., Ltd. was relisted, which would be up to KRW 3,00 per share.