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Defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
"2017 Gohap 485"
1. On May 2015, the Defendant made a false statement to the Defendant’s office of the Daegu-gu building C, Daegu-gu, 301, stating that “When investing money in futures options, 5% of the investment amount shall be paid as monthly operating profit, and the principal shall be responsible and guaranteed.”
However, in light of the fact, the Defendant, while in office in a securities company around 2004, was discharged from office due to full loss of principal when investing KRW 300 million in a futures option in the form of a discretionary sale as prohibited under the relevant laws. A futures option cumulative loss was KRW 56 million around 2014, around 2015, KRW 260 million around around 2015, and KRW 360 million around 2016, and KRW 300 million after around 2014, the Defendant was not able to pay 100% of profits from futures investment. At this time, at the time of this case, the Defendant did not have any specific property other than futures investment, and had no intent or ability to pay the principal amount from a guarantee insurance company and bond holders with the liabilities of KRW 100,000,000,000 from an investor’s priority investment loss, and there was no intention or ability to pay the principal amount from the investor’s investments.
On June 11, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 100 million from the victim; (c) from the victim; (d) received the remittance of KRW 100,000 from the Defendant’s KIKO Securities Account (F) in the name of Defendant Nor E; and (d) received KRW 11,465,00,000,000,000 from that time, from May 16, 2017, as shown in attached Table 1.
As a result, the Defendant, by deceiving the victim, was given KRW 114.65 million from the victim.
2. On March 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) pays 3% of the investment amount to the victim G as monthly operating profit at the Defendant office of 301, Daegu Dong-gu, Daegu Building C, and the victim G.