A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On November 21, 2012, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Western District Court and appealed, and is currently pending in the appellate trial.

The Defendant, by investing in futures option investments, intended to make a futures investment with a shortage of money due to cumulative loss of money, but conspired with D and conspired with the victims who did not have much economic experience, such as the State and the aged, with intent to acquire money in the name of the investment money, as if the Defendant guaranteed the profits as an expert of futures options.

1. Around August 17, 2006, the Defendant of the Victim E made up in advance to the victim E (n, 55 years of age) at the G office operated by the Defendant in Songpa-gu Seoul Metropolitan Government on August 17, 2006, saying, “In the event that the principal amount is guaranteed without any condition and investments of 12%, 18%, 20 million won, if investments of 5 million won are made, 19.5%, 21.3%, 3%, if investments of 21.3%, 50 million won are made, and 22.2%, if investments are made.” And D also made a false statement to the effect that “I believe that I will pay the investment amount to other investors in accordance with the payment rate table, and would give a big benefit at the end of the year, and that D is a public official or experts, who is a public official, and that I believe that I will make a false investment.”

However, in fact, the Defendant incurred a total of 1.5 billion won from personal futures investment since 1997, and did not have any way to pay profits or distribute profits in accordance with the payment rate table prepared by the Defendant at will. The amount of damage was also considered to be used for personal futures investment, and there was no intention or ability to return the amount of damage or distribute profits due to the lack of assets or income.

As such, the Defendant deceivings the victim, and thereby, up to 70 million won from the victim’s account under the name of D on August 17, 2006, and the Defendant’s wife’s account under the name of the Defendant’s wife.