A defendant shall be punished by imprisonment for not less than three years and six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

[2012 Highest 2563] The Defendant did not have any intent or ability to return the principal and to pay the agreed profits or to repay the borrowed money, even if he did not have any property to be invested in or borrowed money from another person without any option or futures investment.

Nevertheless, on February 9, 2011, the Defendant made a false statement to the effect that “When investing money, when investing money, 10% of the principal per month shall be paid as profits and the principal shall be returned at any time, at any time.”

The Defendant, from October 17, 2012 to October 17, 2012, received KRW 821,460,000 from the victim D, C (33 years of age), E (39 years of age), F (n, 41 years of age), and G (44 years of age) on a total of 47 occasions from the victim’s 47 times from the date of receiving KRW 10,00,00 from the victim’s post office account under the name of the Defendant as investment money, and acquired it by fraud.

[2013 Highest 88] The Defendant did not have any intent or ability to pay or borrow the principal and profits even if he did not have any property with any option or futures investment to report monthly damages, and even if he did not have any property to be invested or borrowed money from another person.

Nevertheless, on July 5, 2010, the Defendant made a false statement to the effect that “If the Defendant has long worked at a securities company for a long time in Korea, is making an investment in futures options with his career, 30% of the investment in the said money, and 70% of the remainder would be paid to Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

The defendant in this respect received 10,000,000 won from a post office account in the name of the defendant on the same day from the victim and acquired it by fraud.