A defendant shall be punished by imprisonment for a term of one year and four months.

An applicant for compensation order shall be dismissed.

Punishment of the crime

1. The Defendant against the victim D is a person who has run the “E” aimed at asset management, investment advisory, etc.

Around December 13, 2007, the Defendant prepared a discretionary investment contract for futures investment to pay 2% of the monthly proceeds of KRW 170 million to the victim D and principal each month on December 13, 2007, and subsequently, made futures investment using the investment amount of KRW 170 million deposited in the account in the name of the victim and paid profits equivalent to KRW 5.1 million each month to the victim on October 2008 while the Defendant paid the victim a profit of KRW 70 million out of the above investment amount, resulting in a loss of principal amounting to KRW 10 million in the said victim’s account in excess of KRW 10 million.

On October 20, 2008, the Defendant stated to the effect that “The amount of 200 million won invested in the present operation E shall be immediately set to, and if so, the amount of 70 million won investment loss and the amount of 100 million won borrowed from, the Defendant may be fully repaid. If the Defendant borrowed the principal remaining in the account, it would be paid within one month along with the interest of 5%. In addition, the Defendant would set up a collateral security right on Samsung Dong-dong and the upper Dong-dong apartment in an amount equivalent to KRW 900 million market value.”

However, in the process of purchasing the above Samsung East-dong apartment complex, the Defendant, at the time, had paid the interest equivalent to KRW 770,000,000,00 from the bank loans to KRW 6.5 million per month. The Defendant did not have been confirmed to have paid the investment amount of KRW 200,000 per month. In addition, the Defendant had to pay the investment amount of KRW 200,000 per month to other investors. Moreover, since the real estate offered as security by the Defendant was not secured value due to such loans, the Defendant did not have any intent or ability to pay the said amount even if she borrowed money from

As above, the defendant deceivings the victim, and thereby deceivings the victim, the National Bank in the name of the defendant.