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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. The Defendant: (a) around April 2012, at the D cafeteria located in Daejeon-dong Daejeon-gu Daejeon-gu, the victim E obtained a large amount of 00 million won by providing the victim E with a stock investment agency in the land of the Chinese Thailand.
In order to lend 10 million won to the stock investment agency business, the principal and the income of 10 million won or more will be paid clearly.
10 million won is to be used for the above business in full, and from the three months after the date, the profit amounting to 10 million won or more per month shall be paid clearly and the principal shall be returned in full within six months.
However, even if the Defendant received KRW 100 million, he was planned to use a significant portion of the said money for the personal purpose of the Defendant, and the Defendant’s business was conducted by the Defendant, without permission of the Korea Exchange, to allow members to engage in futures and options transactions in the separate system without permission of the Korea Exchange, and as such, he did not have any ability or intent to return high profits and principal worth worth KRW 10 million per month to the victim, and the Defendant did not have any capacity or intent to return the said money.
Nevertheless, the Defendant deposited KRW 30 million from the injured party on May 3, 2012, KRW 30 million on May 8, 2012, KRW 30 million on May 9, 2012, KRW 30 million on May 9, 2012, and KRW 100 million on July 16, 2012, into an account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 14, 201, the Defendant violated the Financial Investment Services and Capital Markets Act (hereinafter “Financial Investment Services and Capital Markets Act”) issued a summary order of KRW 5 million by committing a violation of the Financial Investment Services and Capital Markets Act at the Daejeon District Court on March 14, 201.
Any person other than the Korea Exchange shall establish a trading market of financial investment instruments or other similar facilities established by the Korea Exchange, or use such similar facilities.