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Defendant
A Imprisonment with prison labor for five years, and for one year, for Defendant B.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
[criminal power] On December 6, 2013, Defendant B was sentenced to one year of imprisonment for a crime of fraud, etc. at the Seoul Central District Court on May 9, 2014, and the judgment became final and conclusive on May 9, 2014.
【Criminal Facts】
Defendant
A is a person who works as a securities investment expert in a broadcasting channel “G” or “H” operated by the F Group, and Defendant B is a person who worked as a secretary in law firm I.
1. Defendant A
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) and the Defendant: (a) at K hotel underground L clubs located in the Gangseo-gu Seoul Metropolitan Council on early April 2012, 201, the victim M makes an investment in shares with the existing investment funds from investors, raising profits of 15-30% per month; (b) upon making an investment in shares with the said money, the victim M will pay the profits equivalent to the minimum of 4% of the principal every month by investing in shares with the said money. It is said that there is no possibility of loss due to the initial trading, and that the principal shall be naturally guaranteed.
However, in fact, the Defendant had been suffering monthly losses since January 2012 while trading stocks with other investors’ investment funds, and had been operating funds in so-called return prevention, such as paying profits again to investors, by means of money received from investors, including the victim, etc. in order to make profits by pretending that profits have been generated through stock transactions. Thus, even if receiving investment funds from the victim, there was no intent or ability to pay profits to the victim or return the future principal by means of normal stock transactions.
Around April 6, 2012, the Defendant received KRW 200 million from the victim to the Agricultural Cooperative account under the name of the Defendant, and received a total of KRW 800 million from around that time to September 19, 2012, as shown in [Attachment List (1) Nos. 173 through 179.