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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
The Defendant, along with D, traded the currency after depositing a certain amount of transaction deposit in a foreign exchange bank without any actual acceptance of the currency, and settled profits and losses depending on the exchange rate fluctuations and the currency interest gap. To do so, the Defendant is a person who established and operated the “E” by designating D from Hong Kong as a representative director.
1. On December 2011, the Defendant made a false statement to the effect that “The Defendant would return the invested principal to the Party for a six-month period from the following month from the date of the investment, and at any time at any time at the victim G located in Gwangju City, the Defendant would return the investment principal to the Party.” The Defendant made a false statement to the effect that “I will return the invested principal to the Party at any time if the Party wishes to do so.” The investment goods that manage the domestic investment fund upon entrustment are in a structure that does not absolutely cause any damage to the date of the investment, and would make 10% profit of the conditions.”
However, in fact, there was no particular property owned by the Defendant at the time, but there was a loan obligation equivalent to KRW 30 million, and the above “E” did not notify the victim of the fact that there was no actual fX-related transaction at once, even though the Defendant did not know about the fact that there was any fX-related transaction, and even if receiving money from the victim as investment money for the FX-related transaction, it was thought that it was acquired by the victim, and there was no intention or ability to guarantee the principal of the investment to the victim and to pay the profit by leaving many profits within the short period of time in the FX-E transaction.
Accordingly, the Defendant, by deceiving the victim as above, received money from the victim to the national bank account under the name of the Defendant as investment money from the victim, and acquired money from the victim as a total of KRW 170 million around January 19, 2012, KRW 90 million around March 14, 2012, and KRW 260 million.
2. The Defendant called the Victim G in Gwangju City around August 26, 2012.