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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On May 4, 2010, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the said sentence on July 12, 2012.
Although there was no experience in the field of financial business or there was no expert knowledge about the investment in stocks and futures, the Defendant, as if he was an expert in stock and futures investment, had the victims deceiving him as if he were the victims and received money from them, and had them used for gambling funds.
1. The Defendant against the victim C refers to the “F” operated by the victim C on the first floor of E department stores located in Gangnam-gu Seoul, Seoul, on June 2014, 2014, and the Defendant attempted to use the money as gambling funds even if he received from the victim the money for the purpose of investment in futures markets, overseas sojourn expenses, and local hospitalization expenses, etc., and even if he did not have any intent or ability to pay profits to the victim by investing in the futures market, despite the Defendant’s failure to make any intent or ability to pay profits to the victim, the Defendant’s completion of the investment in the futures market is a large amount of futures with a large amount of money, and the Defendant paid a large amount of money under the pretext of investment funds to the Defendant, thereby making it possible to pay a large amount of profits if he pays the money under the pretext of investment funds from the victim to the account in the name of G (H260,000,000 won) on August 28, 2014.
In addition, the Defendant received or delivered KRW 210,286,00 in total over 161 times from August 25, 2014 to February 27, 2015, as shown in the crime sight table (1).
2. On May 2015, the criminal defendant against the victim I tried to use the money for gambling purposes at the restaurant operated by the victim I located in the "K Sabyna" located in Jongno-gu Seoul, Jongno-gu, Seoul, for the purpose of futures investment, even if he received the money from the victim as the fund for investment in the futures market. The above money is used for futures investment.