Text
A defendant shall be punished by imprisonment for one year.
Each application for compensation filed by an applicant is dismissed.
Reasons
Punishment of the crime
G as a representative of the company I (hereinafter referred to as "I") in Gangnam-gu Seoul Metropolitan Government H and 6th floor, G has overall control over I-related affairs, such as investment explanation, fund management, etc., and the Defendant, as an internal director of the above I, performed the duties of investment explanation, investment inducement, etc. against investors.
The Defendant, together with G, conspiredd investors to acquire the investment money by inducing investment to the effect that they would pay monthly income through the FX dust, and return the principal after one year.
1. Around September 2015, the Defendant, upon the above recruitment of fraud, concluded that the said I Office, “I would make investments in the company of J in the UK operated by G to make investments in I, thereby making a large amount of commission through foreign exchange transaction (FX). As such, 7-10% of the investment amount will be paid monthly profit to the investors, and if other investors are to take advantage of 7% of the investment amount, 1-3% additional allowances will be paid to the investors.” The principal of the investment will be returned one year after the return of the investment amount.”
However, in fact, the Defendant and G did not have the intent or ability to pay the victims the investment principal and its profit, as they promised to receive money from the victims, because they could not make an investment in the company of J in the United Kingdom and could not pay the profits through foreign exchange transactions, and as they operated the funds by a prompt return method to pay senior investors with the money received from junior investors.
The Defendant, in collusion with G, enticed the victim as above, and acquired money totaling KRW 340 million from the victims as investment money from the victim E on October 2, 2015, including remittance of KRW 50 million as investment money, from around that time to January 2016, by means of the aforementioned method as stated in the attached crime list, as seen above, from around that time to around January 2016.
2...