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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant did not have any actual profit-making through the FX M& M& trading (transaction benefiting profit-making by predicting exchange rate fluctuations in major foreign currency and futures trading).
In addition, since the FX M&C is a lebler transaction, the deposit money for the transaction is automatically liquidated and the principal of the investment is not compensated when the transaction was conducted due to an error in the fluctuation of the foreign exchange rate, and the Defendant did not have any intent or ability to preserve the principal if the principal was lost due to the absence of special assets or future imports.
Nevertheless, the defendant, as a professional in the FX M&C, has been employed by the victims as a member of the FX M&C, has made considerable profits from the FX M&C transactions, and thus, he agreed to preserve the principal with certain profits, and received some of the investment money as a deposit for the FX M&C transactions, while some of the money was used for personal living expenses, etc.
1. The Defendant: (a) around March 201, the Defendant requested the victim C (the 66-year old-gu Dtel 1215) to make an investment that “if investing in FX, the ordinary profits would be 15-20%.” This shall be examined as follows. It shall not be less than FX but more than 15 million won, including profits and principal, after the six-month period; (b) KRW 15 million, including profits and principal, shall be paid for the investment amount of KRW 20 million, and for the investment amount of KRW 20 million, KRW 30 million,000,000,0000,000,000,000 won, including profits and principal.”
However, as above, the Defendant did not have any profit from the FX M&C transaction, but did not have any intent or ability to preserve the principal. Of the investment money, some of the proceeds received from the victim not only for personal purposes, such as repayment of debt, but also for payment to the victim.