A defendant shall be punished by imprisonment for five years.

An applicant for compensation shall be dismissed.

Punishment of the crime

"2018 Highest 584"

1. Around March 2007, at the office located in the Geumcheon-gu Seoul Metropolitan Government D Building E, the Defendant made a false statement to the victim C, stating that “In order to establish an asset management company, the Defendant would make a high profit with some short amount of KRW 5 billion.” The Defendant would make an investment in a third party of shares or in a tea or a fund, thereby raising a high profit. Of the operating funds, the Defendant made a false statement to the effect that KRW 1.7 billion would be paid even if the Plaintiff is deemed to have suffered loss of money within the limit of KRW 1.7 billion.”

However, the defendant prepares for the establishment of an asset management company.

In fact, there was no intention or ability to pay profits to the victim by investing in a third party or in a car or fund, even though the victim did not secure 1.7 billion won of the operating fund, it was intended to use the investment funds to pay profits to other investors or to pay personal debts.

Around March 23, 2007, the Defendant, by deceiving the victim as above, received KRW 15,000,000 from the victim as investment money from the victim to the corporate bank bank deposit account in the name of the Defendant, and acquired the money by remitting KRW 498,00,000 in total on 17 occasions as shown in attached Table 1 of Crimes List 1.

2. Around June 2007, the Defendant against the victim F made a false statement that “The Defendant would run the fund company G, which is a stock company G, and would give a high return when investing in the fund” at the office described in paragraph (1). The Defendant made two books or two notes on the futures trading, and developed the fund investment system, thereby guaranteeing a return of profit exceeding 20% per annum, and at least 5 billion won per annum, if the current operating size is at least five billion won, and if the amount of KRW 10 billion is 10 billion, it will be converted to the fixed asset management company.”

However, the facts are that the defendant did not operate the company called "J", and H 29.