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A defendant shall be punished by imprisonment for not less than two years and four months.
Reasons
Punishment of the crime
around August 2010, the Defendant stated that “The Defendant would pay 5% dividends monthly when he/she believed to be an employee of the same kind of securities and made an investment in the Republic of Korea.”
However, the Defendant did not have any special property at the time, and was unable to pay the dividend for the investment funds received from G, the former investor, and there was no idea to invest the investment funds received from the victim in the same comprehensive financial securities, and there was no idea to use the investment funds received from the victim for dividends or personal purposes for other investors. Therefore, even if receiving the investment funds from the victim, there was no intention or ability to return the dividends or principal.
Around October 13, 2010, the Defendant made a false statement to the victim, and received KRW 10 million from the victim with the dynamic securities account (Account Number H) in the name of the Defendant, and acquired it by deceiving the victims 24 times from October 13, 2010 to September 21, 201, as stated in the attached crime list, and acquired it by transfer from the victims totaling KRW 472 million.
Around 19:00 on August 29, 2010, the Defendant stated that “The Defendant shall pay 500,000 won monthly dividends to the Defendant, if he/she works in the same kind of comprehensive financial securities and invests KRW 100,000,000 in order to attract investors,” and that “The principal shall be repaid six months after the date on which he/she works in the same kind of comprehensive financial securities.”
However, the defendant did not have worked in the above dynamic comprehensive financial securities, and there was no intention or ability to pay dividends or repay principal even if he received investments from the victim because he did not know well about the investment in futures option.
The Defendant is the victim as above.