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1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. The Defendant shall receive 40,000,000 won from C who is an applicant for compensation.
Reasons
Punishment of the crime
[2012 Highest 2933] The Defendant, a person making an investment in stocks without a certain occupation, was a member of the general insurance company before around April 201, in order to acquire money from many victims, including victims F and G, who were members of the company that came to know through dynamic activities, such as farming districts, etc. in the ordinary society, and entices the investors by guaranteeing the principal and high profits from the victim F and G, etc. from September 201, in which he/she was working as the H manager. On February 11, 2012, the Defendant was deemed to have suffered losses, such as losing the principal after investing in the stocks, and had been registered as an unspecified financial service business operator of Busan Shipping Daegu and other financial services business operator, and then, he/she intended to make an additional and direct investment to the victims by telephone or by adding profits to the victims by not later than June 26, 2012.
【Criminal Facts】
1. On September 201, 201, the Defendant made a false statement to the effect that “The Defendant would have a director in charge of the Plaintiff’s Ham-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-L
However, the defendant did not have actually worked in H, and at the time there was no intention or ability to guarantee the principal of investment and to pay the victim a profit of at least 1% per month, such as the above agreement, due to the failure of personal debt and investment.
Accordingly, the Defendant, as seen above, by deceiving the VictimF, received KRW 10 million from the victim under the pretext of his investment, around September 16, 201, and received KRW 60 million in total from October 5 of the same year.