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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around August 5, 2009, the criminal defendant against the victim C expressed the victim's "10 million won PTRECT contract" at the victim's residence in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and said to the effect that "five people intend to conduct a project for creating 100 million won by soliciting 5 people. It guaranteed the principal amount of KRW 20 million at the prime place, and invested shares, thereby creating KRW 100 million within one year."
However, in fact, since the defendant did not have any loss from the shares invested by him at the time, and did not have any stock expert, even if he received money from the victim under the pretext of stock investment, he did not have the intent or ability to deliver the proceeds to the victim.
Around August 6, 2009, the Defendant, by deceiving the victim as above, was delivered KRW 20 million to the account in the name of the Defendant to the bank account in the name of the Defendant.
2. Fraud to victims E;
A. On February 4, 2010, the Defendant told the victim E to the effect that “I will not pay a maximum of five times the profits within one year if I transfer the shares he/she holds,” at a mutually unclaimed restaurant in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the victim E.
However, there was no intention or ability to make profits from the above-mentioned profits even if the defendant received shares from the victim because he did not have any loss from the shares invested by him at the time.
On February 5, 2010, the Defendant, by deceiving the victim as above, received from the victim a delivery of the sum of 21,647 shares of Home Capital, which are owned by the victim, and 3,356 shares of ENF EFtechs (amounting to 95,794,410 won): (a) 25,003 shares of ENFtechs (amounting to 95,794,410 won) by means of a securities account in the name of the Defendant.
B. Around March 11, 2010, the Defendant called the victim and called “10 years to the head of a securities company with a large opportunity to find 10 million won,” three months, i.e., the Defendant’s share of KRW 50 million.