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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 2, 2013, the defendant of "2016 Highest 3651" in the Daegu-gu Dong-gu Seoul Special Metropolitan City around December 2, 2013 to the victim D "a great amount of money by making an investment in stock gifts, a higher interest shall be paid on the second day of each month, and if there is a large amount of income, a separate performance dividend shall be paid on the 10th day of each month.
“.....”
However, in carrying out futures trading, the Defendant had no property owned by the Defendant, and entered into futures trading with money from the parties, such as E without any particular information or know-how. At the time of receiving money from the victimized party, there was already a loss of investment, and the condition was adjusted to convert the money into a loan and pay a certain amount of interest and principal for each month. Moreover, the Defendant was in the state of holding a debt of KRW 100 million in the course of investing the money in the development project with his family from around 2009 to around 2012 when he borrowed money from his family and she borrowed money from his family and she had no intent or ability to pay the principal within a given date, even if he received the money from the damaged party due to lack of any revenue or property, as agreed, there was no intention or ability to pay interest or to repay the principal within a given date.
Nevertheless, the Defendant received money of KRW 20 million from the injured party to the Agricultural Cooperative (G) account in the name of the Defendant on the same day from the injured party and received money of KRW 139,465,00 in total from the injured party on six occasions from August 5, 2014, including from August 5, 2014.
“The Defendant, on December 12, 2014, paid 50% of the profits every 15th day of the month when he/she has invested in futures and invested in gift amounting to KRW 30,000,000,000,000,000.”